Hospitals & Asylums
Military Diplomacy
To transfer Chapter 1 Navy Hospitals, Army and Navy Hospital, and Hospital Relief for
Seamen and Others to Chapter 10 Armed Forces Retirement Home, change the name of
the Department of Defense (DoD) to Military Department (MD); prohibit use of force,
thermal oceanic dumping, military biological experimentation and damaging
environmental research; tax emissions; limit military spending to no more than $400-
$500 billion annually, sell surplus military assets to the most peaceful bidder; eliminate
nuclear arsenals, pay taxes to the general treasury of all occupied developing nations; pay
back taxes where there has been conflict; purchase rights to African Command, Iraq
Reconstruction Fund, US/Afghan Peace Treaty and Balanced Federal Budget from the
Author; and appoint a civilian Secretary for the Department.
Be the Democratic and Republican (DR) war party dissolved
1st Draft 20 August 2004, amended 4 times on both Memorial and Veteran‘s Day until the
6th Draft for Armed Forces Month, released on Memorial Day 28 May 2007, 7th Draft
Memorial Day 26 May 2008, 8th 25 May 2009, 9th National Pearl Harbor Remembrance
Day 7 December 2009, 10th National Defense Transportation Day 20 May 2011
Art. 1 Military Department
§1 Purpose
§2 Military Department
§3 Military Economics
§4 Military Health System
Art. 2 Humanitarian Laws of War
§5 Hague and Geneva Conventions
§6 Retirement and Disarmament
§7 Diplomacy
Art. 3 Global Security
§8 United Nations Security Council
§9 North Atlantic Treaty Organisation
§10 Africa Command
§10a Northern Command
§10b Southern Command
§10c Pacific Command
§10d Central Command
§10e European Command
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Art. 4 Administration
§11 Commander in Chief
§12 Department of Veteran’s Affairs
§13 US Army Corp of Engineers
§14 BRAC Commission
Art. 5 Military Justice
§15 Judge Advocate General
§16 Court of Appeals for the Armed Forces
§17 Armed Services Board of Contract Appeals
§18 Court of Appeals for Veteran’s Claims
§18a No Killing
§18b No Terrorism or Treason
§18c No Spying
§18d No Imperialism
§18e No Slavery
§18f No Torture or Biological Experimentation
Art. 6 War History
§19 Indian Wars (1622-1888)
§20 Revolutionary War (1775-1783)
§21 War of 1812 (1812-1815)
§22 Mexican War (1846-1848)
§23 Civil War (1861-1864)
§24 Spanish-American War (1898)
§25 Philippine War (1899-1902)
§26 World War I (1917-1918)
§27 World War II (1941-1945)
§28 Korean War (1950-1953)
§29 Vietnam War (1964-1973)
§30 Gulf War (1990-1991)
§31 Cambodia, Rwanda and Yugoslavia (1993-present)
§32 War in Afghanistan (2001-present)
§33 Iraq War (2003-present)
Art. 7 Peace
§34 Democratic Peace Theory
§35 Peace Treaties
§36 Official Development Assistance
§37 Release and Repatriation of Prisoners of War
§38 Democracy
§39 Memorials
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§40 Holidays
Fig. 1.1: 2.4 Million Strong US Military
Fig. 1.2: 1.3 Million US Military Deaths, 1775-2009
Fig. 1.3: Department of Defense Spending 2008-2012 (in millions)
Fig. 1.4: Leading Military Spenders, 2006
Fig. 1.5: US Military Bases, Worldwide 2001-2001
Fig. 1.6: 25 Nations Receiving US Military Assistance in Excess of $3 million
Fig. 1.7: Military Spending as % of GDP and Federal Budget, 1945-2005
Fig. 1.8: Defense Budget and Federal Budget Deficit. 1980-2006
Fig. 1.9: DoD Assets and Liabilities. 2005-2006 (in millions)
Fig. 1.10: Effects of Spending Limit on Federal Deficit, 2009-2012 (in millions)
Fig. 1.11: 26.4 Million Veterans, 2000
Fig. 1.12: Number of Veterans by War, 2004
Fig. 1.13: US Treaties of Peace, 1783 – present)
Fig. 1.14: Global Aggregate Military Expenditures, 2006
Art. 1 Military Department
§1 Purpose
A. Note the following sections have been repealed by Congress
1. Section 1, 2 were Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714,
2. Section 3 to 5. Repealed. June 15, 1943, ch. 125, Sec. 3, 57 Stat. 153, eff. July 1,
1943,
3. Section 7 to 12. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714,
4. Section 21. Repealed. June 12, 1948, ch. 450, Sec. 4, 62 Stat. 380,
5. Section 21a to 25. Repealed. Pub. L. 101-510, div. A, title XV, Sec. 1532(a), Nov. 5,
1990, 104 Stat. 1732,
6. Section 29, 29a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(45), 65 Stat. 703,
7. Section 30 Conditional Supervisory Authority of Secretary of Defense that was
Repealed Pub. L. 107-107, div. A, title XIV, Sec. 1410(a)(5), Dec. 28, 2001, 115 Stat.
1266
8. Section 31 Repealed. Aug. 10, 1956, Ch. 1041, Sec. 53, 70a Stat. 641,
9. Section 32 Repealed. June 7, 1956, Ch. 374, Sec. 306(2), 70 Stat. 254,
10. Section 36. Repealed. June 7, 1956, ch. 374, Sec. 306(2), 70 Stat. 254
B. Transfer 16 sections of Chapter 1 Navy Hospitals, Naval Home, Army and other
Naval Hospital, and Hospital Relief for Seamen and Others §1-40 to Chapter 10 Armed
Forces Retirement Home (AFRH) §400-435.
1. 24USC(1)§6 Pension paid to fund for benefit of naval hospital was transferred to
24USC(10)§402
2. 24USC(1)§6a Disposition of amounts deducted from pensions was transferred to
24USC(10)§403
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3. 24USC(1)§13 Admission of Cases for Study was transferred to 24USC(10)§404
4. 24USC(1)§14 Establishment of Naval hospitals was transferred to 24USC(10)§405
5. 24USC(1)§14a Annual appropriations for maintenance, operation, and improvement of
naval hospitals was transferred to 24USC(10)§406
6. 24USC(1)§15 Superintendence of Navy hospitals was transferred to 24USC(10)§407
7. 24USC(1)§16 Allowance of rations to Navy hospitals was transferred to
24USC(10)§408
8. 24USC(1)§16a Additional personnel for patients of Department of Veterans Affairs in
naval hospitals was transferred to 24USC(10)§409
9. 24USC(1)§17 Government of Naval Asylum was transferred to 24USC(10)§410
10. 24USC(1)§18 Rules and regulations for Army and Navy Hospital was transferred to
24USC(10)§424
11. 24USC(1)§19 Tubercular hospital at Fort Bayard was transferred to 24USC(10)§425
12. 24USC(1)§20 Discipline of patients at Army and Navy Hospital was transferred to
24USC(10)§426
13. 24USC(1)§30 Payments to donors of blood for persons undergoing treatment at
Government expense was transferred to 24USC(10)§427
14. 24USC(1)§34 Hospitalization of persons outside continental limits of United States;
persons entitled; availability of other facilities; rate of charges; disposition of payments
was transferred to 24USC(10)§428
15. 24USC(1)§35 Limitation of medical, surgical or hospital services was transferred to
24USC(10)§429
16. 24USC(1)§37 Manufacture of products by patients at naval hospitals; ownership of
products was transferred to 24USC(10)§430
C. This Chapter establishes a Military Department (MD) to defend American freedom
and world peace against the forces of disease, death and tyranny. The drafts of this
document settled the Iraq Reconstruction Fund, the largest reparation in history, and
created African Command (AFRICOM) to complete the US military international
command structure and more adequately protect the most war stricken continent. The
purpose of the military department shall be peace.
§2 Military Department
A. The United States has the best-trained, most effective military in the world. The
Department employs an estimated 2.8 million people, 1.1 million active duty troops,
700,000 civilian employees and 1.1 million in the Reserve and National Guard. The
military is an all-volunteer force of dedicated, patriotic men and women who reflect the
best values and spirit of our Nation.
1. The Army, Navy, and Marine Corps were established in 1775, in concurrence with the
American Revolution. On June 30, 1775, the Second Continental Congress established 69
Articles of War to govern the conduct of the Continental Army.
2. The War Department as established in 1789, and was the precursor to what is now the
Department of Defense.
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3. On April 10, 1806, the first United States Congress enacted 101 Articles of War, which
were not significantly revised until over a century later.
4. The Department of Defense (DoD) was named in the Secretary of Defense Transfer
Order No. 40 of July 22, 1949.
5. The military justice system continued to operate under the Articles of War until May
31, 1951, when the Uniform Code of Military Justice went into effect.
6. The words Military Department(s) are commonly used and is even recognized in the
definitions for the armed forces set forth in 10USCAI(1)§101 wherefore it should not be
difficult to change the name of DoD to the Military Department (MD) to instill greater
respect for the Hague and Geneva Conventions – humanitarian laws of war.
B. Military service is voluntary in the United States. The Military Selective Service Act
as amended (50 U.S.C. App. 453) establishes the Selective Service System as an
independent agency separate from the Department of Defense. Section 3 provides that
male citizens of the United States and other male persons residing in the United States
who are between the ages of 18 and 26, must present themselves for registration at such
time or times and place or places, and in such manner as determined by the President.
Whenever the Congress or the President has declared that the national interest is
imperiled, voluntary enlistment or re-enlistment may be suspended by the President to
such extent as he may deem the draft necessary in the interest of national defense. People
who develop conscientious objections to military service may seek reassignment to
noncombatant duties or discharge under Directive 1300.6.
C. There were estimated to be 2.4 million US soldiers in 2007,
Fig. 1.1: 2.4 Million Strong US Military, 2007
1. There were a total of 1,425,867 active duty US soldiers
2. There are an estimated 1.28 million Ready and Stand-by Reserves in the USA
3. There are an estimated 669,000 Civilian Employees
4. Defense employees are deployed in more than 146 countries
5. 473,881 troops and civilians are overseas both afloat and ashore
6. In March 31, 2004 there were 110,494 US soldiers deployed in NATO countries.
7. 101,610 deployed in Asian Pacific nations.
8. 150,000 deployed in the Middle East and Central Asia
9. 2,201 deployed in the western hemisphere.
10. 770 deployed in Sub-Saharan Africa.
D. Since its foundation the US military is recorded to have suffered over 1,128,100
casualties. A war is defined as a conflict in which more than 1,000 people died:
Fig. 1.2: 1.3 Million US Military Deaths (1775-2009)
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1. Revolutionary War 1775-1783 4,435
2. War of 1812 1812-1815 2,260
3. Mexican War 1846-1848 13,283
4. Civil War 1861-1865 364,511 Union 133,821 Confederate (estimated)
5. Spanish American War 1898-1902 2,446
6. World War I 1917-1918 116,516
7. World War II 1941-1945 405,399
8. Korean War 1950-1953 36,574
9. Vietnam War 1964-1971 58,200
10. Persian Gulf War 1990-1991 382
11. Afghan War Oct. 7, 2001 >900
12. Iraq War March 19, 2003 >4 ,000
E. The President is Commander in Chief under Art. II§2 of the US Constitution and he
nominates the Secretary of Defense with the confirmation of the Senate under
10USCAI(2)§111 .
1. The Secretary of Defense is the civilian leader of the Department and he exercises his
authority over how the military is trained and equipped under 10USCAI(2)§113.
2. The Chairman of the Joint Chiefs of Staff is the principal military advisor to the
President, the National Security Council, and the Secretary of Defense. Its board of
directors consists of the Chairman, his deputy, the Vice Chairman, and the four-star heads
of the four military services.
3. The authority to deploy troops and exercise military power is directed, with the advice
of the Chairman of the Joint Chiefs of Staff, to the nine unified commands
F. Four commanders have worldwide responsibilities for the United States‘ 737 official
bases worldwide, worth more than $127 billion and covering at least 687,347 acres in
some 130 foreign countries.
1. Joint Forces Command is the highest level of leadership for the U.S. military,
excepting the civilian Secretary of Defense. Joint Command searches for promising
alternative solutions for future operations through joint concepts of development and
experimentation
2. Strategic Command is responsible for controlling space; deterring attacks on the
United States and its allies, launching and operating the satellites systems that support our
forces worldwide and should deterrence fail, directing the use of our strategic forces.
3. Special Operations Command is responsible for special military support.
4. Transportation Command moves materials and people around the world.
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a. Five commanders have geographical responsibilities.
1. European Command covers more than 13 million square miles and includes 93
countries and territories, to include Iceland, Greenland, the Azores, more than half of the
Atlantic ocean, the Caspian sea, and Russia.
2. Northern Command oversees the defense of the continental United States, coordinates
security and military relationships with Canada and Mexico, and direct military
assistance to U.S. civil authorities
3. Central Command oversees the balance of the Mid-East, parts of Africa and west Asia,
and part of the Indian Ocean.
4. Southern Command guards U.S. interests in the southern hemisphere, including
Central America, South America and the Caribbean.
5. Pacific Command covers 50 percent of the Earth's surface including Southwest Asia,
Australia and shares with U.S. Northern Command responsibility for Alaska.
G. The military is divided into four main forces that are each led by a four star general.
1. The Army defends the land of the United States, its territories, commonwealths, and
possessions; it operates in more than 50 countries.
2. The Navy maintains, trains, and equips combat-ready maritime forces capable of
winning wars, deterring aggression, and maintaining freedom of the seas.
3. The Marine Corps maintains ready expeditionary forces, sea-based and integrated air-
ground units for contingency and combat operations, and the means to stabilize or contain
international disturbance.
4. The Air Force provides rapid air and space capability that can deliver forces anywhere
in the world in less than forty-eight hours. Air Force crews annually fly missions into all
but five nations of the world.
a. There are two supplementary armed services.
1. The Coast Guard provides law and maritime safety enforcement, marine and
environmental protection, and military naval support. The Coast Guard is part of the
Customs during peacetime, but becomes part of the Navy's force in times of war. It
provides unique, critical maritime support, patrolling our shores, performing emergency
rescue operations, containing and cleaning up oil spills, and keeping billions of dollars
worth of illegal drugs from flooding American communities.
2. The National Guard and Reserve forces provide wartime military support.
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H. The preamble to the US Constitution makes provision for the common Defense and
Art. I §8 delegates the power to Congress to collect taxes to raise and support armies and
provide for the organizing, arming and disciplining of the militia, but not for more than 2
years.
1. Art. I §10 ensures that no state without the consent of Congress shall keep troops or
ships of war in time of peace, or engage in war. Federalist Paper No. 24 Hamilton quotes
``As standing armies in time of peace are dangerous to liberty, THEY OUGHT NOT to
be kept up.''
2. Treason, is grounds for removal from any officer under Art. II§4 that under Art. III§3
shall consist only in levying war against the United States. The judiciary has jurisdiction
in all cases of admiralty and cases in which the US is a party under Art. III§2.
3. Art. IV§4 guarantees a Republican form of government that shall protect every state
against invasion and domestic violence.
I. The Office of Personnel Management under 5USCIIIG(89)§8903 ensures that all
government employees and members of their immediate families have medical insurance
through government wide Service and Indemnity Benefits Plans.
1. Life insurance as set forth under 10USCAII(75)§1477 grants surviving family
members $6,000 death gratuity if the deceased was designated Emergency Essential
Employees under 10USCAII(81)§1580 serving in active duty, including training, with
civilian or military US Armed Forces. US warfare has never been so safe however 5-
10% of volunteers in the war theatre are seriously wounded and nearly 1% die. S44
seeks to amend the death gratuity in 10USCII(75)§1478(a) with respect to deaths
occurring on or after November 16, 2001, the date of Executive Order 13235, relating to
National Emergency Construction Authority from $12,000 to $100,000.
J. The US Military is authorized to administrate humanitarian assistance under
10USCAI(20)§401. This is particularly useful in disaster situations where it is not safe
for international development professionals as the result of the presence of a hostile
armed force or to generate a benevolent ideology for a foreign military occupation in
developing nations. In all its missions abroad the Department should be certified by the
Security Council under the UN Charter and national government.
1. Fines and forfeitures under the Uniform Code of Military Justice in the spirit of the
Armed Forces Retirement Homes Trust Fund Statute 24USC(10)§419 are the best
practice.
K. The forfeiture of the name Department of Defense (DoD) is a consequence to the
contempt of the Geneva Convention concluded on 12 August 1949 inherent in the
Secretary of Defense Transfer Order No. 40 of July 22, 1949 that gave the Department its
name. The Military Department (MD) is a fine choice because it would help to ensure
that military action would only be in consequence of medically determined injuries or
58
death, not politics or legal disputes and furthermore the military would be aligned against
the leading cause of death – disease. To justify this name change the military must (1)
prohibit and destroy all biological and chemical weapons and (2) prohibit environment
modification and bio-medical experimentation in the military industrial complex.
§3 Military Economics
Since the creation of America‘s first army in 1775, the Department and its predecessor
organizations have evolved into a global presence of 3 million individuals, stationed in
more than 140 countries. The U.S. Department of Defense is one of the largest
organizations in the world. It executes a budget more than twice that of the world‘s
largest corporation, has more personnel than the populations of a third of the world‘s
countries, and provides medical care for as many patients as the largest health
management organization. The size ($712.1 billion for FY 2011) and complexity of the
Defense budget—i.e., $548.9 billion of discretionary base budget authority (BA), $3.9
billion in mandatory base BA, and $159.3 billion of discretionary BA for overseas
contingency operations (OCO). The FY 2011 budget includes an increase of 1.4 percent
for military basic pay. The number of soldiers is expected to increase from 1.32 million
in 2010 to 1.4 million in 2011, plus 845,000 reserves. The request supports average U.S.
troop levels of Afghanistan: 102,000; Iraq: 43,000; for a total of 145,000. The FY 2011
budget includes $50.7 billion for the DoD Unified Medical Budget.
Fig. 1.3: Department of Defense Spending 2008-2012 (in millions)
2007 2008 2009 2010 2011 2012
Defense – 528,578 594,662 636,775 692,031 721,285 653,424
Military OMB
% Change 5.9% 12.5% 7.1% 8.7% 4.2% -9.4
DoD Budget 693,000 708,000
Request
DoD Overseas 157,400 159,300 0
Contingency
Operations
DoD Lending 172,000 195,000 200,000 0
(Savings)
DoD Revised 464,775 497,031 508,000 400,000
Budget
DoD Savings 172,000 195,000 200,000 253,424
Source: US DoD. FY 2011 Budget Request. February 2010
1.The DoD budget is so grossly surplus OMB reports they lent $172 billion in 2009, $195
billion in 2010 and $200 billion in 2011; this money needs to be returned to the General
Fund of the Treasury. The military is not a financial firm, surplus funds must be returned
to the General Fund of the Treasury. The President needs to terminate special funding
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and offensive military operations for OCOs as scheduled in 2011, afterwards any
remaining occupying forces will be funded by regular appropriations, like those on bases
in 143 other nations. An estimated $40 billion in maintenance costs can be saved by
achieving nuclear nonproliferation goals for 2012 and more closing and selling
unnecessary military bases and installations. The Department employs an estimated 2.8
million people, 1.1 million active duty troops, 700,000 civilian employees and 1.1 million
in the Reserve and National Guard.
B. About $1.3 trillion goes into the world‘s military expenses annually; about half of this
from the world‘s last remaining superpower, the United States, discounting the combined
might of Europe, which the United States should not get entangled in. Effort must be
made to limit the burden of military spending on the United States so that it is more
proportional with the rest of the world. The US is responsible for crudely 50% of the +/-
$1.25 trillion in gross aggregate military expenditure worldwide. The USA has the
largest armed services budget of any nation in the world with $611 billion (inc. veteran‘s
benefits) expenditure in 2006. To balance the federal budget a military spending limit of
$400 billion must be set. The next largest military is that of the People‘s Republic of
China that cost $81 billion in 2005. The European Union, including prospective
members except Russia has a combined military spending of $558 billion. The EU
remains our ally and the US military must not enter into an arms race with that continent
but should instead seek harmony with the federal budget and the international law
comforted by the high standards of human rights and the mutually governing North
Atlantic Treaty Organization that preclude any preemptive actions.
Fig. 1.4: Leading Military Spenders
1 United States $518.1 billion 4.06% (FY03
(FY04 est.) (2005 est.) (2005 est.)
est.)
2 China $81.48 billion 4.3% (2005 est.)
(2005 est.)
3 France $45 billion FY06 2.6% FY06
(2005) (2005 est.)
4 Japan $44.31 billion
1% (2005 est.)
(2005 est.)
5 United Kingdom $42.87 billion 2.4% (2003)
(2003)
6 Italy $28.83 billion
1.8% (2004)
(2003)
7 Korea, South $21.06 billion 2.6% FY05
FY05 (2005 est.) (2005 est.)
8 India $19.04 billion
2.5% (2005 est.)
(2005 est.)
9 Saudi Arabia $18 billion (2002) 10% (2002)
10 Australia $17.84 billion 2.7% (2005 est.)
(2005 est.)
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11 Turkey $12.155 billion 5.3% (2003)
(2003)
12 Spain $9.91billion (2003) 1.2% (2003)
13 Israel $9.45 billion (2005 7.7% (2005 est.)
est.)
14 Netherlands $9.408 billion 1.6% (2004)
(2004)
Source: CIA World Fact Book 2006 before the concealment of military expenditures in
2007
1. China has about 1.4 million ground forces personnel with approximately 400,000
deployed to the three military regions opposite Taiwan. China has nuclear capabilities, a
large air force, numerous missiles and attack vehicles. China is a serious military power.
China has however embarked upon an ambitious economic agenda that is succeeding so
military domination is not their agenda. Consistent with the provisions of the Taiwan
Relations Act, Public Law 96-8 (1979), the United States continues to make available
defense articles, services, and training assistance to enable Taiwan to maintain a
sufficient self defense capability. China‘s leaders describe the initial decades of the 21st
Century as a ―20-year period of opportunity,‖ meaning that regional and international
conditions will generally be peaceful and conducive to economic, diplomatic, and
military development and thus to China‘s rise as a great power. Over the past decade, as
the People‘s Liberation Army transformed from an infantry-dominated force with limited
power projection ability into a more modern force with long-range precision strike assets.
The Defense Intelligence Agency (DIA) estimates China‘s total military related spending
for 2007 could be as much as $85 billion to $125 billion.
2. To enhance the overseas stabilization and reconstruction capabilities of the United
States Government, and for other purposes Congress finds that the resources of the
United States Armed Forces have been burdened by having to undertake stabilization and
reconstruction tasks in the Balkans, Afghanistan, Iraq, and other countries of the world
that could have been performed by civilians, which has resulted in lengthy deployments
for Armed Forces personnel. To provide for the continued development, as a core
mission of the Department of State and the United States Agency for International
Development, of an effective expert civilian response capability to carry out
reconstruction and stabilization activities in a country or region that is at risk of, in, or is
in transition from, conflict or civil strife. The overall global strategy is to reduce the
number of military bases abroad whereas overextension of the military is the leading
cause of failure in empires, the expense is daunting and unnecessary military presence
tends to undermine diplomatic and development relations.
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Source: Empirical US Foreign Assistance Statistics at the Close of the American Imperial
Century: An Act to Secure a Voluntary 1 percent ODA Tax on Income HA-31-9-10
3. The US Department of Defense (DoD) administrates an estimated $50-$100 billion
abroad annually to support US military bases and foreign military assistance, not
including war time surges. In 2005 the US Military had around 737 bases in 63
countries. Brand new military bases have been built since September 11, 2001 in seven
countries. In total, there are normally 255,065 US military personnel deployed abroad,
not including war time surges, with a total of 845,441 different buildings and equipment.
DoD is authorized to administrate only $800 million of foreign military assistance every
year under law on the stipulation that; No defense articles shall be furnished on a grant
basis to any country at a cost in excess of $3,000,000 whereby defense articles under the
Arms Export Control Act will not get into the hands of people who are not employed by
the government and that defense stockpiles are kept at US bases and value less than $50
million. The primary distinction between military assistance and deployment overseas is
that foreign military assistance is given as a grant or loan to the government of a foreign
nation for the development of their self-defense capabilities. At $13,025 million in 2007
the US clearly administrates more than the $800 million limit on foreign military
assistance.
Fig. 1.6: 25 Nations Receiving US Military Assistance in Excess of $3 million
# Country Military % of Military # Country Military % of Military
Assistance Total Assistance Assistance Total Assistance
2007 2015 2007 2015
1 Iraq -4,143 32% -3 14 Turkey -18 0.1% -3
2 Afghanistan -3,642 28% -50 15 Romania -16 0.1% -3
3 Israel -2,340 18% -0 16 Morocco -14 0.1% -3
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4 Egypt -1,301 10% -3 17 Ukraine -11 0.08% -3
5 Pakistan -312 2.4% -3 18 Georgia -11 0.08% -3
6 Sudan -254 2% -0 19 Bosnia & -10 0.08% -3
Herzegovina
7 Jordan -211 1.6% -3 20 El Salvador -9 0.07% -3
8 Russia -112 0.9% -50 21 Indonesia -9 0.07% -3
9 Colombia -87 0.7% -3 22 Azerbaijan -5 0.03% -3
10 Liberia -56 0.4% -20 23 Kazakhstan -4 0.03% -3
11 Philippines -43 0.3% -3 24 Albania -4 0.03% -3
12 Poland -31 0.2% -3 25 Macedonia -4 0.03% -3
13 Bulgaria -24 0.2% -3 0 United 13,025 100% 211
States
Source: U.S. Census Bureau. U.S. Foreign Economic and Military Aid by Recipient
Country 2000 to 2007. Table 1263
4. Afghanistan with $3,642 million, 28 percent of the $13,025 million total, and Iraq with
$4,143 million, 32 percent of the total, are the primary recipients of US foreign military
assistance. US foreign military assistance to Israeli, Egypt and Jordan has triggered an
arms race and at $2,340 million for Israeli, 18 percent of total military assistance, $1,301
million for Egypt, 10 percent, and $211 million for Jordan, 1.6 percent, is ridiculously
high. Military finance to Pakistan valued at $312 million, 2.4 percent of the total, needs
to be eliminated whereas it is unpopular and subversive in a powder keg nation
recovering from Islamist totalitarianism and human rights abuses. Military assistance to
Sudan, valued at $254 million, 2 percent of 2997 disbursement, is controversial but seems
to have been successful in establishing a tenuous peace. Besides some scattered finance
in Russia $112 million, Columbia $87 million, Philippines $43 million, US foreign
military finance is otherwise not a very big deal. Russia does pretty well disarming their
nuclear arsenal in cooperation with the US but should divide their focus to prohibit the
biological and chemical weapons that are shortening the male life expectancy to 50 years.
Columbia needs to end its drug war and should probably legalize indigenous coca
growing, like the Afghan Opium Agency.
C. In his book, An Inquiry into the Nature and Causes of the Wealth of Nations, that was
first published the year the United States declared its Independence in 1776 Adam Smith
noted the effect of war on Public Debts in Book V Chapter III. The want of parsimony in
time of peace imposes the necessity of contracting debt in time of war. When war comes,
there is no money in the treasury but what is necessary for carrying on the ordinary
expense of the peace establishment. When war begins, the military must be furnished
with arms, ammunition, and provisions. The ordinary expense of modern governments in
time of peace being equal or nearly equal to their ordinary revenue, when war comes they
are both unwilling and unable to increase their revenue in proportion to the increase of
their expense. They are unwilling for fear of offending the people, who, by so great and
so sudden an increase of taxes, would soon be disgusted with the war. By means of
borrowing they are enabled, to raise, from year to year, money sufficient for carrying on
the war. In this exigency government can have no other resource but in borrowing
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although it would be wiser to increase taxes to pay for the cost of war because the people
feeling, during the continuance of the war, the complete burden of it, would soon grow
weary of it, and government, in order to humor them, would not be under the necessity of
carrying it on longer than it was necessary to do so. The foresight of the heavy and
unavoidable burdens of war would hinder the people from wantonly calling for it when
there was no real or solid interest to fight for.
1. The correlation between war and debt is reinforced by Immanuel Kant in his essay
Perpetual Peace written in 1795, he believed a majority of the people would never vote
to go to war, unless in self defense. Therefore, if all nations were republics, it would end
war, because there would be no aggressors. If the consent of the citizens is required in
order to decide that war should be declared, nothing is more natural than that they would
be very cautious in commencing such a poor game, decreeing for themselves all the
calamities of war. Among the latter would be: having to fight, having to pay the costs of
war from their own resources, having painfully to repair the devastation war leaves
behind, and, to fill up the measure of evils, load themselves with a heavy national debt
that would embitter peace itself and that can never be liquidated on account of constant
wars in the future". Democracy thus gives influence to those most likely to be killed or
wounded in wars, and their relatives and friends. The more the public debts may have
been accumulated, the more necessary it may have become to study to reduce them.
When national debts have once been accumulated to a certain degree, instance of their
having been fairly and completely paid, is unheard of. The liberation of the public
revenue can be done by bankruptcy and pretended payment.
2. The Constitution of the United States enforces these principles to enable the parliament
to keep military spending in check through several provisions relating to treason. Art. 3
Section 3 defines, treason against the United States shall consist only in levying War
against them, or in adhering to their enemies, giving them Aid and comfort. Art. 2
Section 4 provides that the President, Vice President and all civil Officers of the United
States, shall be removed from Office on impeachment for and conviction of treason,
bribery, or other high crimes and misdemeanors. It is of course difficult to prove that the
US military is the nation‘s worst enemy, however the principle holds true, that levies for
war and the armed forces imbalances the federal budget. The neo-classical theories
indicate there are two reasons for this. First, by financing the armed forces the
government is oppressing their people and the people are less inclined to pay taxes
therefore leading to a decrease in revenues and reliance of the government upon
borrowing to meet the costs of unnecessary wars the taxpayers would never pay for
willingly. Second, the type of leader who finances the armed forces is typically perverse
and ineffective, getting their enjoyment from the suffering of humanity rather than their
progress.
3. Congress is responsible for establishing spending limits to reduce the deficit under
2USC(20)§901. If waste, fraud and abuse in Defense programs can be reigned in for a
gross aggregate military expenditure of not more than $400 billion it might be possible to
balance the budget. A Military budget of $400 billion after $60 billion reduction in
superfluous Cold War armament and weapons maintenance is possible with the
64
termination of special financing for the wars in Iraq and Afghanistan. The Pentagon
spends $154 billion or 33 percent of its budget on routine operating and maintenance
costs for its 21 Army and Marine active and reserve ground divisions, 11 Navy Carrier
battle groups, and 31 Air Force, Navy and Marine air wings. Included in this are pay and
benefits for the 700,000 civilians employed by the Department of Defense. (The
operations and maintenance costs of the forces in Iraq are also covered in the
supplemental appropriation.) Another $174 billion or 38 percent of the budget goes for
new investment. This is broken down into $84 billion for buying new planes and ships
and tanks; $73 billion for doing research and developing and testing new weapons; and
$17 billion for building the facilities for the troops and equipment. The vast majority of
the final 5 percent or $24 billion is spent by the Department of Energy on maintaining
and safeguarding the 10,000 nuclear weapons in our inventory. This is the six times more
than either China or Russia spends on defense and almost as much as the rest of the world
combined.
a. About $14 billion would be saved by reducing the nuclear arsenal to no more than
1,000 warheads, more than enough to maintain nuclear deterrence.
b. About $8 billion would be saved by cutting most of the National Missile Defense
program, retaining only a basic research program to determine if this attractive idea,
which has proven to be an utter failure in actual tests, could ever work in the real world.
c. About $28 billion would be saved by scaling back or stopping the research,
development, and construction of weapons that are useless to combat modern threats.
Many of the weapons involved, like the F/A-22 fighter jet and the Virginia Class
Submarine, were designed to fight threats from a bygone era.
d. Another $5 billion would be saved by eliminating forces, including two active Air
Force wings and one carrier group, which are not needed in the current geopolitical
environment.
e. And about $5 billion would be saved if the giant Pentagon bureaucracy simply
functioned in a more efficient manner and eliminated the earmarks in the defense budget.
i. Billions of dollars could be earned if foreign bases and assets were legitimately sold.
D. The experience with balancing the budget at the turn of the millennium and in FY
2006 reinforce the neo-classical theory that levies for war cause the government to get
into debt and that by restraining military spending a little bit, dramatic progress can be
made in both eliminating the budget deficit and world peace. By reducing defense
spending in FY 2006 to $470 billion from $501 billion the deficit was miraculously
reduced from $320 billion to $250 billion. A considerable amount of this savings, $30-
$50 billion can be attributed to the return of surplus funds allocated the military, the rest
is probably the result of the improved functioning of the real economy as the result of the
flight of military subsidies. Throughout the 1990s military spending was kept below the
cap of $300 billion, most people considered this too high. In the first decade of the 21st
century all discipline was removed from military spending under the guise of the levy for
the Global War on Terror. It is not too late to restore limits to military spending. It is
logical that after a decade of engorging themselves inflation would cause military
65
spending to increase into the next category, $400 billion and all excess funds would be
annually returned to the General Treasury to eliminate the deficit.
Fig. 1.7: Military Spending as % of GDP and Federal Budget 1945-2005
100
80
60 % of GDP
40 % Budget
20
0
1945 1947 1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005
Source: Department of Defense. FY 2008 Global War on Terror Request. February 2007
1.The Department‘s financial management environment includes an estimated $1.4
trillion in assets and nearly $2 trillion in liabilities that remain on the Government
Accountability Office‘s high risk list. The federal government has a record budget deficit.
In January 2001, the Congress and budget office predicted that the federal budget would
run a surplus of in excess of $5.6 trillion between 2002 and 2011. After tax cuts, a terror
attack, a recession and a war in Iraq the budget office predicted deficits for five years
Oct. 2001-2006 totaling $2.2 trillion. Subsequently, military spending has been
concealed in incredible deficits exceeding a trillion dollars a year. The responsibility to
balance the federal budget compels the Department to limit their expenses to less than
$400 billion a year.
2. In 1918, during World War I, the top rate of the income tax rose to 77 percent to help
finance the war effort. It dropped sharply in the post-war years, down to 24 percent in
1929, and rose again during the Depression. During World War II, Congress introduced
payroll withholding and quarterly tax payments. In WWII the military was 34.5% of the
GDP and 82.5% of the federal budget. During the Korean War it was 11.7% of the GDP
and 57.2% of the federal budget. During the Vietnam War it was 8.9% of the GDP and
43.4% of the federal budget. During Gulf War it was 4.5% of the GDP and 19.8% of
federal spending. Currently during the Global War on Terrorism military spending is
3.9% of the GDP and 19.3% of federal spending. During the Clinton administration
defense spending was kept at less than $300 billion and the number of active duty troops
declined to less than 1 million and there was peace except for the former Yugoslavia, to
whom the costs of war were never paid although solicited by the International Court of
Justice in 1998.
66
3. The maximum allowable deficit for a member nation of the EU is 3% of the GDP. In
1945 the federal budget deficit was 22% of the GDP. After WWII the federal
government immediately balanced the budget. The Korean War and all subsequent
battles have been fought nearly effortlessly. The deficit did not become significant until
the Vietnam War when it was 3.2% of the GDP in 1968 and 2.4% in 1971. In 1982 the
federal budget deficit exceeded $100 billion, 3.7% of the GDP. Dramatically increasing
military spending caused the deficit to rise as high as $208 billion in 1983, 6% of the
GDP, a post WWII record, and $238 billion in 1986, 5.4% of the GDP. Defense
spending increased to $300 billion in 1989. An effort was made in the 1990s to keep
military spending less than $300 billion. The budget deficit remained alarmingly high
between 3.1% and 5.5% of the GDP until 1996 when it was 2.3% of the GDP. In 1998
the budget deficit was only 0.3% and in 1999 and 2000 there was actually a budget
surplus, of $1.8 billion and $87 billion respectively, the first since 1960. In 2001 there
was a $33 billion deficit, 0.3% of the GDP, as the result of the suicide attacks on the
Pentagon and World Trade Center and subsequent invasion of Afghanistan called
Operation Enduring Freedom. Military spending crossed the $300 billion limit, to $311
billion. In 2002 military spending increased to $350 billion at which time the deficit
increased dramatically to $317 billion, 3.1% of the GDP. In 2003 the US embarked on
the unauthorized attack of Iraq and defense spending increased to $389 billion plus $45
billion from the supplemental and the deficit to $375 billion, a record deficit in dollar
amounts, 3.4% of the GDP. In 2004 military spending reached $437 billion and the
deficit $412 billion. In 2005 defense-spending rose to $502 billion and the deficit
increased to $427. In 2006 military spending went down to $470 billion and the deficit to
$250 billion. In fourth quarter 2006 National defense spending decreased 6.6 percent.
Fig. 1.8: Defense Budget and Federal Budget Deficit 1980-2006
500
400
300
200 Defence
100 Deficit
0
-100 1980 1985 1990 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
-200
Source: Office of Management and Budget Historic Budget Tables as Studied in Table 2-
3 of the 2007 HA Lobbying Activity Disclosure (LAD)
E. The Military Department faces long-standing and pervasive financial management
problems in virtually all operations. As a consequence, these problems have impeded the
Department‘s ability to provide reliable, timely, and useful financial and managerial data
to support operating, budgeting, and policy decisions. DOD‘s financial statements are
reported to not substantially conform to generally accepted accounting principles, and
67
were unable to adequately support material amounts on the financial statements. DOD is
un-auditable, and it could not perform the audits necessary to determine whether material
amounts on the statements were fairly presented. Decision-makers are unable to assess
the implications of alternatives and improve the economy and efficiency of government
operations.
1.The Chief Financial Officers (CFO) Act of 1990 (P.L. 101- 576) was meant to apply
the financial discipline of the private industry to government agencies. As required by
the CFO Act, the government has a responsibility to use timely, reliable, and
comprehensive financial information when making decisions. Federal Financial
Management Improvement Act of 1996 required agency heads to produce a Remediation
Plan if their agencies‘ financial systems fail; and the National Defense Reauthorization
Act of 1998 required the Secretary of Defense to submit a biennial plan to improve the
financial problems of DOD. Performance and Accountability Highlights of FY 2006
adhere to the agency reporting requirements of 31USC§3515 in accordance with OMB
Bulletin A-136.
2. The FY Budget Allocation was 7% for military retirement benefits, 18% personnel and
benefits, 2% construction, 12% research and development, 14% for procurement, 24%
operations and maintenance, 21% global war on terrorism and 2% other. The financial
results of the Department reflect asset growth of 13 percent over the past 3 years,
resulting from an increase in funds available, and investments for long-term liabilities
and military equipment. Concurrent to the growth in assets, liabilities have increased
nearly 15 percent primarily due to the long-term liability increases for military retirement
benefits. The Department‘s net position increased 16 percent over the past 3 years. This
increase is due primarily to the timing of a $68 billion supplemental appropriation for the
Global War on Terror late in the fiscal year. The net position is projected to return to
previous levels by the end of FY 2007 as the supplemental appropriation is executed.
The Department has $100 billion in real property, $345 billion in military equipment, and
$68 billion in environmental liabilities.
Fig. 1.9: DoD Assets and Liabilities 2005-2006 (in millions)
2006 2005
Cash and other Monetary 2,072.7 2,199.8
Assets
Fund Balance with Treasury 290,657.1 327,138.3
Investments and Related 231,823.2 222,573.3
Interest, Net
General Property, Plant and 465,439.5 452,541.4
Equipment, Net
Loans Receivable 191.7 75.6
Other Assets 29,118.3 25,341.2
Total Assets 1,367,053.3 1,266,140.9
Accounts Payable 28,870.7 30,633.4
Debt 382.1 467.1
68
Other Liabilities 44,388.3 41,136.2
Military Retirement and 1,815,769.5 1,736,057.8
Other Federal Employment
Benefits
Environmental and Disposal 69,985.1 65,027.6
Liabilities
Loan Guarantee Liability 36.8 41.1
Total Liabilities 1,959,432.5 1,873,363.2
Unexpended Appropriations 307,709.4 271,493.6
Cumulative Results of 900,088.6 878,715.9
Operations
Total Net Position 592,379.2 607,222.3
Total Liabilities and Net 1,367,053.3 1,266,140.9
Position
For the Year: Total Cost 629,736.4 680,086.6
Total Earned Revenue 48,350.3 45,207.1
Net Cost of Operations 581,386.1 634,879.5
Source: Department of Defense. Performance and Accountability Highlights. Fiscal Year
2006 pg 7 of Executive Summary
3. The Department‘s financial management environment is complex and diverse. Its FY
2006 financial statements included $1.4 trillion in assets and nearly $2 trillion in
liabilities. The Military Retirement Fund accounts for 15 percent of the Department-wide
assets and 49 percent of the liabilities. The Medicare-Eligible Retiree Health Care Fund,
which accounts for 6 percent of the Department‘s assets and 28 percent of its liabilities.
As a result of its financial improvement efforts, 15 percent of the Department‘s assets and
49 percent of its liabilities received clean audit results in FY 2006. During FY 2006, the
Department received $594.7 billion in appropriations from the Congress. During FY
2006, the Department made over $700 billion in payments to individuals and a variety of
other entities. FY 2006 was the last year with any sort of indication of fiscal
responsibility.
F. The federal government, usually runs on a deficit, with some famous exceptions, such
as when Andrew Jackson paid off the federal debt in 1835 and more recently when Bill
Clinton ran a surplus in 1998-2000, is running the highest deficit in dollar terms in
national history, well over $1 trillion in 2009, 2010 and 2011, the second highest as a
percentage of GDP since WWII and the Confederacy during the Civil War. Unless
federal spending is corrected the public debt will exceed 100% of GDP as soon as 2012.
In 2010 the President and his Cabinet proposed an FY 2011 budget that, although they
freely admit outlays exceed receipts, can theoretically be balanced. As the result of the
Obama, big government, style of administration, it is no longer sufficient to merely hold
the Department of Defense liable, but where the Department of Defense once needed to
be reigned in to leverage a return of Social Security surplus funds, all agencies will need
to eliminate waste, fraud and abuse from their budgets.
69
1.Besides total defense spending, that needs to be reduced from $695 billion to $400, for
a saving of $295 billion, there are a number of Departments with alarming discrepencies
between what they report and what the President projects. In most cases the agency
budget should be relief upon. The Department of Agriculture‘s 51% increase from $90.1
billion in 2008 to $142 billion in 2010 should be cut to $100 billion saving $42 billion.
The 103% increase in education spending from $53 billion in 2009 to $107 billion in
2010 should be limited to a sustainable $75 billion, saving $32 billion. The 61.6%
increase in Energy spending from $24 billion in 2009 to $38 billion should be limited to
$25 billion, a savings of $14 billion. Health and Human Services spending needs to be
massively cut back from $869 billion to less than $600, for a savings of $269. The 9.5%
increase in Justice spending needs to be reigned in from $30.3 billion to $28 billion,
saving $2 billion and a lot of souls. The massive increases in Labor spending are not
liberating the labor market that continues to shed more jobs than are created, the 186%
increase from $59 billion in 2008 to $209 billion in 2010 needs to be reduced to meet the
demands of unemployment insurance balance sheets. The 30.5% increase in Veteran‘s
spending in 2010 needs to be reduced from $124 billion to $100 billion, for a spending
increase of 5.2% and savings of $24 billion. The 40.4% increase in Environment
Protection Agency spending should be limited to $10 billion, saving $1 billion. The
31.2% increase in National Science Foundation spending should be limited to $6.2
billion, saving $1.5 billion. This dictates a total savings of $756.5 billion from the 2010
budget, theoretically reducing the deficit to -$775 billion, 5.3% of the GDP. There is
however hope for FY 2011, as the result of an estimated >$200 billion in TARP funds
that will be returned to the General Fund of the Treasury on October 3, 2010, at the
beginning of FY 2011, the FY 2011 deficit can be brought within 3% of GDP.
2.The spending limits set in this document would bring the deficit down from $1.3
trillion, 8.2% of GDP, to $628 billion, 3.9% of GDP, less $200 billion results in a deficit
of $428 billion, a number once thought to be alarming, now a relieving, 2.8% of GDP.
Even without expecting the return of any TARP funds, that will be trickling back into the
General Fund for more than a decade, with spending limits the budget will be reduced
from $829 billion, 4.9% of GDP to an acceptable $214 billion, 1.2% of GDP in FY 2012.
The federal government will be able to purchase all of its debt. To achieve a surplus, as
must be our goal, more revenues will be needed.
Fig. 1.10: Effects of Spending Limit, 2009-2012 (in millions)
2009 2010 2011 2011 s 2012 2012 s
Effect of
Agency
Spending
Limits
Total 3,517,734 3,720,657 3,833,909 3,194,830 3,754,874 3,139,660
Outlays
Total 2,105,000 2,165,000 2,567,000 2,567,000 2,926,000 2,926,000
Receipts
Total -1,412,734 -1,555,657 -1,266,909 -627,830 -828,874 -213,660
70
Deficit
% GDP 9.8% 10.6% 8.2% 4.1% 5.1% 1.2%
Total Public 11,876,000 13,787,000 15,144,000 14,008,000 16,336,000 14,584,000
Debt
% GDP 83.4% 94.3% 99.0% 91.6% 100.8% 90.0%
Source: Federal Budget in Balance FY 2011: Comparison of Bush and Obama HA-28-2-
10
3. Under current law, the 2001 and 2003 tax cuts nearly all expire in 2011, returning the
individual income tax to its pre-2001 level (except for a few permanent changes). In
defining the baseline for his budget, the president assumes that, rather than ending in
2011, the tax cuts will become permanent. From that baseline, he would increase taxes in
2011 for those taxpayers, in the top two tax rates would rise back to their pre-2001 levels,
from 33% to 36% for the second bracket and 39.6% in the highest bracket. The president
proposes limiting the value of deductions to no more than 28 percent starting in 2011.
The President must not seek to renew the ARRA Make Work Pay tax credit of $400 or
$800 in 2011 and 2012. The $61 billion cost of the deficit incurred thereby upon the
market economy will cost many workers their entire jobs, for a marginal return tarnished
by the communist dependency to subsidies that leveraged the fascist TARP fund, in the
first place. Stimulus spending is supposed to be targeted and temporary. Other tax
credits are more targeted to strengthen the family values, promote small business.
Temporary COBRA credits are important to allow temporarily unemployed people not to
lose the value of years of health insurance premiums.
4. Highlights of revenue proposals are a financial crisis responsibility fee on large
financial firms raising $93 billion over 10 years, reinstatement of the Superfund excise
taxes $19 billion over 10 years, reform US international tax system $122 billion over 10
years from overseas corporations, reform insurance company treatment $14 billion over
ten years, eliminate oil and gas preferences $36 billion, eliminate coal preferences $39
billion, the questionably invasive information reporting $14 billion over 10 years,
improve business compliance $7 billion over 10 years, strengthen tax administration $4
billion over ten years, expand penalties $25 billion over ten years, close loopholes in
estates and gifts $24 billion over 10 years and upper income tax provisions $969 billion
over ten years. As the result of the Making Work Pay credit this tax proposal resulted in
$38 billion deficit in 2010 a $12 billion deficit in 2011 before turning a $57 billion profit
in 2012, rising to $107 billion in 2013 and steadily to a high of $154 billion in 2014,
earning $396 billion 2011-2015 and $1.1 trillion 2011-2020. This is a good start on tax
reform, the President is headed in the right direction, but more needs to be done taxing
the super-rich at 1960 levels, 77%, or more reasonably all income over $1 million could
be taxed at 50%.
§4 Military Health System
A. The mission of the Military Health System (MHS) is to enhance national security by
sustaining a world-class health system that supports the military mission by fostering,
protecting, sustaining and restoring health through world class patient-centered evidence
71
based medicine. As healers MHS has a life-long obligation to the health and well-being
of all those entrusted to their care. They are compassionate and committed to doing the
right thing for their patients to eliminate disease and achieve health cost effectively for
9.2 million beneficiaries.
1. Stakeholders, Secretary of Defense, Service Secretaries, Joint Chiefs of Staff,
Combatant Commanders and Congress, expect a fit and protected force, minimal injuries
during military operations, satisfied beneficiaries, healthy communities, and a world class
health benefit within reasonable costs.
2. Customer groups, Combatant Commanders and Service Members, expect adaptations
and innovation to deliver the highest quality medical care anywhere, anytime, under any
circumstance.
B. In carrying out the responsibilities of the Office of the Assistant Secretary of Defense
for Health Affairs (OASD/HA), the ASD/HA exercises authority, direction, and control
over the medical personnel, facilities, programs, funding, and other resources within the
DoD. These responsibilities include, but are not limited to:
1. Establishing policies, procedures and standards that govern DoD healthcare programs.
2. Serving as program manager for all DoD health and medical resources.
3. Directing DoD financial policies, programs, and activities including unified budget
formulations, program analysis and evaluation.
4. Overseeing TRICARE the DoD health insurance program and the consistent, effective
implementation of DoD policy throughout the Military Health System
5. Maintaining strong communication with the line, beneficiary representatives and
association, the media and the Congress
6. Presenting and justifying the unified medical program and budget, estimated at $37
billion in 2006, throughout the planning, programming and budgeting system process,
including representation before the Congress
7. Co-chairing with the director, Defense Research and Engineering, the Armed Services
Biomedical Research Evaluation and Management Committee.
C. MHS provides a medically ready and protected force and medical protection for
communities by continuously monitoring health status, identifying medical threats and
finding ways to provide protection and improve health for individuals, communities and
the Nation. The purpose of MHS is to create a deployable medical capability that can
go anywhere, anytime with flexibility, interoperability and agility. MHS provides
globally accessible health information and rapidly develops and deploys innovative
medical services, products and superbly trained medical professionals upon demand.
72
MHS manages and delivers a superb health benefit by building partnerships with
beneficiaries in an integrated health delivery system that encompasses military treatment
facilities, private sector care and other federal health facilities including the Department
of Veterans Affairs (VA).
D. MHS may construct tent and permanent hospitals and small health care facilities in
developing countries to combat mortality from disease or war amongst both the military
personnel stationed in the area and the general populace. Funding for the health care
venture in this section is justified by proving that, (1) there is a US military presence in
the area (2) hospital beds and medical staff in that area of the developing nation are
severely inadequate to serve the health care needs of the people and (3) an adequate
number of physicians, nurses, administrators and emergency medical technicians are
available to staff the facility.
1. Naval and Army hospitals uphold contemporary standards for hospitals and the various
medical specialties that they house. For quality assurance military health facilities are
certified by the Joint Commission on Accreditation of Health Care Organizations.
2. The US shall ensure that the public health laboratories of their physicians are
adequately supplied for the region they are located to perform (1) routine health
laboratory work for the diagnosis of disease, (2) epidemiological surveillance of
pathogens and diseases in the region, (3) analysis of substances suspected of being
biological and chemical weapons prohibited in 18USC(10)I§175 and Chapter 11B §229
et seq.
3. As of 28 September 2006 the Military has adopted a new more advanced version of the
Electronic System for Early Notification of Community Based Epidemics (ESSENCE)
that allows users to track diagnosis, not only locally but regionally. This will facilitate
rapid response to outbreaks of disease through email alerts on effective treatment.
E. Generally it is said that, more soldiers die from disease than combat, even in times of
war, however thanks to advances in medical science it is now better said that more
soldiers are hospitalized as the result of disease than combat related injury. Furthermore,
Veterans returning from foreign wars often suffer long term disability arising from
exposure to unethical biological experimentation. After the Civil War veterans
complained of an irritable heart, WWI Veterans were shell shocked with PTSD like
symptoms, WWII and Korea War Veterans were well adjusted. Since Vietnam, as many
as one third of soldiers have been suffering Post Traumatic Stress Disorder (PTSD,) or in
the case of the First Gulf War in 1991, neurological symptoms so persistent Lou Gehrig‘s
disease took the life of the Secretary of Veterans Affairs. Fault is found in the abuse of
DEA Form 222, easily redressed by the repeal of 21CFR§1305.13(f) the exception clause
ending §1305.22(f& h) by the integrity of the Food and Drug Administration (FDA).
F. Since WWII world poverty has overtaken war as the greatest source of avoidable
human misery. More people, some 300 million, have died from hunger and remediable
diseases in peacetime in the seventeen years since the end of the Cold War than have
73
perished from wars, civil wars and government repression over the entire twentieth
century. Some 830 million human beings are chronically undernourished, 1.1 billion lack
access to safe water, 2.6 billion lack access to basic sanitation, 2 billion lack access to
essential drugs, 1 billion lack adequate shelter, and 2 billion lack electricity, 774 million
adults are illiterate and 218 million children between five and seventeen do wage work
outside of the household. The great catastrophe of human poverty is ongoing, as is the
annual toll of 18 million. We face victims of natural calamities, victims of historical or
contemporary wrongs such as colonialism, slavery and genocide, some committed by our
own country, and victims of domestic injustice associated with race, gender, ethnic
identity, religion or social class.
G. Even in times of war disease is generally the most prolific killer of both soldiers and
civilians and although the medical establishment does not like to admit it, most disease is,
and always has been, the result of the malevolent delivery of laboratory supplies. Neither
the Military nor Medicine may be used to persecute civilians. Biological and chemical
weapons and disease pathogens are totally prohibited for use as weapons of war, or to
torture and kill either civilians or military personnel, for that matter.
1.The basic humanitarian principle shall be that the military is opposed to all death,
disease and bodily and mental injury, is an avatar of physical fitness and although the
military is trained in and may at times tolerate the use of armed force in individual or
collective self defense, the manufacture, stockpiling and use of disease pathogens,
chemical and biological weapons is totally prohibited and the military may opt to
exercise their informed judgment within the government and government contractors and
licensees to ensure such toxic substances are destroyed for the benefit of the public health
and welfare.
2. For their part, the military may not stockpile biological or chemical weapons or engage
in any biological experimentation for fear of conviction for the war crimes of (1) torture,
biological experimentation; (2) employment of poison and poison weapons. Nor may the
military contract with any private individual, corporation or health care provider,
government, nonprofit or private, to conduct any form of medical research.
a.The military health service shall do all epidemiologic surveillance and statistical
analysis of military personnel and may be subjected to cross examination by the
Department of Veteran‘s Affairs and Public Health Service.
b. Aggrieved soldiers, their families, veterans or citizens may defend themselves against
biological attack stemming from military investigations by petitioning the government for
sufficient funds to redress their grievances.
c. The Report on Gulf War Illness has proven, beyond a shadow of a doubt, that any
medical products used by the military health service must be approved for use in the
general civilian population, including natural and alternative medicines and insecticides,
but not including any disease pathogens used in controlled bio-medical laboratory
research, also prohibited to physicians, health practitioners and the general public.
74
Art. 2 Humanitarian Laws of War
§5 Hague and Geneva Conventions
Peace treaties have been binding since the beginning of history. The First Peace
Conference in the Hague, on the urging of Mikhail Nikolayevich Muravyov, Foreign
Minister of Russia, was held from May 18 and signed on July 29, 1899, and entered into
force on September 4, 1900. The main effect of the Convention was to ban the use of
certain types of modern technology in war: bombing from the air, chemical warfare, and
hollow point bullets. The Convention also set up the Permanent Court of Arbitration. The
Hague Convention of 1899 consisted of four main sections and three additional
declarations (the final main section is for some reason identical to the first additional
declaration):
a. Convention I for the Pacific Settlement of International Disputes, Hague 29 July 1899
b. Convention II for the Law and Customs of War on Land, Hague 29 July 1899
c. Convention III for the Adaptation of Maritime Warfare Principles of Geneva
Convention of 1864, Hague 29 July 1899
d. Convention IV Prohibiting Launching of Projectiles and Explosives from Balloons,
Hague 29 July 1899
i. Declaration I on the Launching of Projectiles and Explosives from Balloons, Hague 29
July 1899
ii. Declaration II on the Use of Projectiles the Object of Which is the Diffusion of
Asphyxiating or Deleterious Gases, Hague 29 July 1899
iii. Declaration III on the Use of Bullets Which Expand or Flatten Easily in the Human
Body, Hague 29 July 1899
B. The Second Peace Conference in the Hague was held from June 15 to October 18,
1907, to expand upon the original Hague Convention, modifying some parts and adding
others, with an increased focus on naval warfare. This was signed on October 18, 1907,
and entered into force on January 26, 1910. It consisted of thirteen sections, of which
twelve were ratified and entered into force:
a. Convention I for the Pacific Settlement of International Disputes, Hague 18 October
1907
b. Convention II for the Limitation of the Employment of Force for the Recovery of
Contract Debts, Hague 18 October 1907
c. Convention III Relative to the Opening of Hostilities, Hague 18 October 1907
d. Convention IV Respecting the Laws and Customs of War on Land and Annex, Hague
18 October 1907
e. Convention V Respecting the Rights and Duties of Neutral Powers and Persons in Case
of War on Land, Hague 18 October 1907
f. Convention VI Relating to the Status of Enemy Merchant Ships at the Outbreak of
Hostilities, Hague 18 October 1907
g. Convention VII Relating to the Conversion of Merchant Ships into War-Ships, Hague
18 October 1907
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h. Convention VIII Relative to the Laying of Automatic Submarine Contract Mines,
Hague 18 October 1907
i. Convention IX Concerning Bombardment by Naval Forces in Time of War, Hague 18
October 1907
j. Convention X Adaptation of Maritime War of the Principles of the Geneva Convention,
Hague 18 October 1907
k. Convention XI Relative to Certain Restrictions with Regard to the Exercise of the
Right of Capture in Naval Warfare, Hague 18 October 1907
l. Convention XII Relating to the Creation of an International Prize Court (Not Ratified)
m. Convention XIII Concerning the Rights and Duties of Neutral Powers in Naval War,
Hague 18 October 1907
C. The Hague Conventions are most notable for their prohibition of poisonous weapons.
The First Peace Conference in the Hague in 1899 produced the Declaration on the Use of
Projectiles the Object of Which is the Diffusion of Asphyxiating or Deleterious Gases;
July 29, 1899 whereby Contracting Parties agreed to abstain from the use of projectiles
that diffuse asphyxiating or deleterious gases so long as their opponents did not and
denunciation of the Declaration took one year.
1. The Second Peace Conference in The Hague in 1907 extended the prohibition under
Art. 22 of the Convention IV Respecting the Laws and Customs of War on Land the right
of belligerents to adopt means of injuring the enemy is not unlimited, and under Art. 23 it
is especially prohibited to employ poison or poisoned weapons.
2. Aghast at the carnage caused by mustard gas and other chemical warfare in the
trenches of WWI that took the lives of 90,000 of the 1.3 million casualties Art. 171 of the
Treaty of Versailles prohibited ―the use of asphyxiating, poisonous or other gases and all
analogous liquids, materials or devices being prohibited, their manufacture and
importation are strictly forbidden in Germany. The same applies to materials specially
intended for the manufacture, storage and use of the said products or devices‖ in the
claim for reparation.
3. Shortly thereafter the Protocol for the Prohibition of the Use in War of Asphyxiating,
Poisonous or other Gases, and of Bacteriological Methods of Warfare was signed at
Geneva, June 17, 1925 whereas the use in war of asphyxiating, poisonous or other gases,
and of all analogous liquids, materials or devices, has been justly condemned by the
general opinion of the civilized world; the High Contracting Parties…accept this
prohibition, agree to extend this prohibition to the use of bacteriological methods of
warfare. The Geneva Protocol of 1925 is generally considered to be the Hague
Conventions and not to the Geneva Conventions that glaringly omit any prohibition of
weapons of mass destruction.
D. The Four Original Geneva Conventions and Three Additional Protocols are the pre-
eminent contemporary humanitarian laws of war. As the result of the general acceptance
of these Conventions as the definitive Laws of War, that are also constitutive documents
for the International Committee on the Red Cross , the ICRC has been awarded the Nobel
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Peace Prize four times. The Four Geneva Conventions of 12 August 1949 and two
additional protocols are;
a. the Convention (I) for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field. Geneva, 12 August 1949
b. the Convention (II) for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949.
c. the Convention (III) relating to the Treatment of Prisoners of War Geneva Convention
Geneva, 12 August 1949
d. the Convention (IV) for the Protection of Civilians, Geneva, 12 August 1949
i. the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to
the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977
ii. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June
1977
iii.Protocol (III) Additional to the Geneva Conventions relating the Adoption of a
New Distinctive Emblem of 8 December 2005 as linked to the Geneva Protocol for the
Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of
Bacteriological Methods of Warfare of June 17, 1925 in Art. 6 as directed in paragraph
(H)(2) of this section.
E. Common Art. 3 of the all four of the Geneva Conventions of 12 August 1949 state,
Persons taking no active part in the hostilities, including members of armed forces who
have laid down their arms and those placed hors de combat by sickness, wounds,
detention, or any other cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any
other similar criteria. To this end, prohibiting;
a. Violence to life and person, in particular murder of all kinds, mutilation, cruel
treatment and torture;
b. Taking of hostages;
c. Outrages upon personal dignity, in particular humiliating and degrading treatment;
d. The passing of sentences and the carrying out of executions without previous judgment
pronounced by a regularly constituted court, affording all the judicial guarantees which
are recognized as indispensable by civilized peoples.
F. The Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons ICJ
No. 95 (1996) reinforces the basic principles affirmed in the ratification of the 1907
Hague Regulations that states in Art. 22 "the right of belligerents to adopt means of
injuring the enemy is not unlimited" and in Art. 23 Arms, projectiles, or material
calculated to cause unnecessary suffering (are prohibited); that had been omitted from the
Geneva Conventions of 1949 and were reintroduced to humanitarian law in Art. 35 of the
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977;
citing; (a) The first principle protecting the civilian population and civilian objects and
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establishes the distinction between combatants and non-combatants; States must never
make civilians the object of attack and must consequently never use weapons that are
incapable of distinguishing between civilian and military targets. (b) The second
principle prohibiting the use of weapons and force causing unnecessary suffering to
combatants: it is accordingly prohibited to use weapons causing them such harm or
uselessly aggravating their suffering. Protection of the Civilian Population is provided
for in Art. 51:
1. The civilian population and individual civilians shall enjoy general protection against
dangers arising from military operations. To give effect to this protection, the following
rules, which are additional to other applicable rules of international law, shall be
observed in circumstances.
2. The civilian population as such, as well as individual civilians, shall not be the object
of attack. Acts or threats of violence the primary purpose of which is to spread terror
among the civilian population are prohibited.
3. Civilians shall enjoy protection unless and for such time as they take a direct part in
hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
(a) Those which are not directed at a specific military objective;
(b) Those which employ a method or means of combat which cannot be directed at a
specific military objective; or
(c) Those which employ a method or means of combat the effects of which cannot be
limited as required by this Protocol; and consequently, in each such case, are of a nature
to strike military objectives and civilians or civilian objects without distinction.
5. Among others, the following types of attacks are to be considered as indiscriminate:
(a) An attack by bombardment by any methods or means which treats as a single military
objective a number of clearly separated and distinct military objectives located in a city,
town, village or other area containing a similar concentration of civilians or civilian
objects; and
(b) An attack which may be expected to cause incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a combination thereof, which would be excessive
in relation to the concrete and direct military advantage anticipated.
6. Attacks against the civilian population or civilians by way of reprisals are prohibited.
7. The presence or movements of the civilian population or individual civilians shall not
be used to render certain points or areas immune from military operations, in particular in
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attempts to shield military objectives from attacks or to shield, favour or impede military
operations. The Parties to the conflict shall not direct the movement of the civilian
population or individual civilians in order to attempt to shield military objectives from
attacks or to shield military operations.
G. Art. 4 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II),
Geneva, 8 June 1977 elaborates upon the peace plan set forth in Art. 3 of the Geneva
Conventions of 1949 bringing the Geneva Conventions to a new level of development.
Art 4 states, All persons who do not take a direct part or who have ceased to take part in
hostilities, whether or not their liberty has been restricted, are entitled to respect for their
person, honour and convictions and religious practices. They shall in all circumstances be
treated humanely, without any adverse distinction. It is prohibited to order that there shall
be no survivors. Without prejudice to the generality of the foregoing, the following acts
against the persons referred to in paragraph I are and shall remain prohibited at any time
and in any place whatsoever:
a. Violence to the life, health and physical or mental well-being of persons, in particular
murder as well as cruel treatment such as torture, mutilation or any form of corporal
punishment;
b. Collective punishments;
c. Taking of hostages;
d. Acts of terrorism;
e. Outrages upon personal dignity, in particular humiliating and degrading treatment,
rape, enforced prostitution and any form of indecent assault;
f. Slavery and the slave trade in all their forms;
g. Pillage;
h. Threats to commit any of the foregoing acts.
H. Considerable attention is given to the protection of civilian medical personnel and
hospitals that ceases under Art. 19 Convention IV relating the Protection of Civilian
Persons in the Time of War, if they should engage in attacks that are harmful to the
enemy. But otherwise is negligent of supplying any medical ethics Art. 10(1) of the
Protocol (II) Additional relating to the Victims of Non-International Armed Conflict of
1977 provides that, under no circumstances shall any person be punished for having
carried out medical activities compatible with medical ethics.
1.The Geneva Conventions and the Hague Conventions need to be re-connected in order
for the International Committee for the Red Cross (ICRC) and affiliates to avail of both
the advances in the behavioral science achieved by the Geneva Convention and the
prohibition of weapons of mass destruction achieved by the Hague Conventions.
2. The ICRC has been remiss in this regard. Protocol (III) Additional to the Geneva
Conventions relating the Adoption of a New Distinctive Emblem of 8 December 2005 is
unnecessary and unjustified without reference to the Geneva Protocol (to the Hague
Conventions) for the Prohibition of the Use in War of Asphyxiating, Poisonous or other
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Gases, and of Bacteriological Methods of Warfare of 17 June 1925 in Art. 6 pertaining to
Prevention and Repression of Misuse.
3. Since 22 May 2006 when Director-General Lee Jong-wook was killed by a brain
aneurism the day before the World Health Assembly, the medical establishment has been
increasing tyrannical, unruly, fraudulent, toxic and rebellious. As of 2009 the AMA
Code of Medical Ethics has been offline and needs to be restored to the Internet.
4. The Geneva Protocol of 1925 is the lynchpin between the Hague Conventions and
Geneva Conventions and it is imperative that the 20th century laws of war be consolidated
so that society can move on to 21st century health theology.
I. The War Crimes Act of 1996 criminalizes actions that would be either grave breaches
of the Geneva Conventions or violations of the Hague and Geneva Conventions. Grave
breaches are defined within the Conventions as willful killing, torture or inhuman
treatment, including biological experiments, willfully causing great suffering or serious
injury to body or health; and willfully depriving a protected person of the rights of fair
and regular trial.
1. It is a grave breach to remove a detained person from the country where he is located,
except when his removal is necessary for his own safety. Common Article 3 prohibits
violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture;...outrages upon personal dignity, in particular humiliating and degrading
treatment.
2. The Geneva Conventions obligate detaining powers to enact any legislation necessary
to provide effective penal sanctions for persons committing, or ordering to be committed
grave breaches, and to search for persons alleged to have committed, or to have ordered
to be committed, . . . grave breaches, and shall bring such persons, regardless of their
nationality, before its own courts. (GPW art.129).
3. In addition to the foregoing penal provisions for grave breaches, Article 129 directs
each party to take measures to suppress all violative acts short of grave breaches.
4. The United States is also a party to the UN‘s Convention Against Torture and Cruel,
Inhuman and Degrading Treatment, which prohibits the use of torture, defined as any act
by which severe pain or suffering, whether physical or mental, is intentionally inflicted
on a person.
§6 Retirement and Disarmament
A. The basic principle of hostile fire pay is that when a soldiers serves 90 days in a war
theatre, in any declared or undeclared military action, they become eligible to receive
hostile fire pay and may retire to the Armed Forces Retirement Home under
24USC(10)§412(a)(3). They are eligible for retirement benefits usually reserved for
people who served 20 years or more in active service 38USC§1521(j).
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1. Veteran‘s pensions supplement income from employment and other pension programs,
primarily social security disability, retirement, health and education benefits. In the US
pensions for enlisted people are between $3,000 and $6,000 a year and 1 ½ college
tuition for every month served in a war. The Selective Reserves and eligibility for the GI
Bill education fund offers $400 a month per approved class under 38USC§7653.
B. The United Nations Department of Disarmament Affairs (UNDODA) was founded in
1982 by the General Assembly under Resolution 52/12 and operated until 1992 when it
was disbanded, in 1998 it was re-established as an under-Secretariat.
1. The US delinquency in disarmament efforts is attributed to begin during the Reagan
administration as the result his refusal to comply with the SALT II treaty. The Nuclear
Non Proliferation Treaty (NPT) requires that the US negotiate in good faith to have no
more than 1,700 and 2,200 nuclear warheads by 2012.
2. In 2002 the Bulletin of Atomic Scientists estimated that there are more than 10,600
nuclear warheads in the U.S. stockpile (see table). Almost 8,000 of these are active or
operational; nearly 2,700 inactive.
3. The Natural Resources Defense Council (NDRC) reported that in 2005 the US
maintained 480 nuclear weapons stored in eight air bases in six European countries. Oral
arguments have also been introduced as to the existence of nuclear warheads on a US
military base in Turkey.
4. The US must desist in the practice of stationing nuclear warheads abroad and strive to
make reductions in the arsenal sufficient to comply with the NPT. The Korb Report
argues for limiting the nuclear arsenal to less than 1,000. Of the 6,000 operational
nuclear weapons in the American arsenal. About 5,000 of these weapons are classified as
strategic or intercontinental while the other 1,000 are tactical or battlefield weapons
deployed in Europe. Since each of these nuclear weapons has on average 20 times the
destructive power of the bomb dropped on Hiroshima, which killed 140,000 people
immediately and 240,000 people eventually, the number of weapons is far in excess of
what the United States needs to deter any current or prospective nuclear power from
launching an attack on the United States, its allies or its interests. Fielding a deployed
arsenal of 600 warheads and holding another 400 in reserve, eliminating all the tactical or
battlefield weapons, and not developing any new weapons will not undermine deterrence
in any way would save more than $8 billion.
5. At the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT) were held in New York 2-27 May 2005. More than 180 nations
convened to review the nonproliferation treaty with hearings for Iran and North Korea,
America, Russia and others to move toward a world free of the nuclear threat. In the
opening of the month long conference Secretary-General Kofi Annan said all nations
must work toward, "a world of reduced nuclear threat and, ultimately, a world free of
nuclear weapons. Ultimately, the only way to guarantee that they will never be used is for
our world to be free of such weapons.''
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6. The Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and
under Water Partial Test Ban was the first international treaty prohibiting nuclear
weapons opened and entered into force in 1963. The Nuclear Non-Proliferation Treaty
NPT was opened in 1968 and entered into force in 1970, it is the pre-eminent
international treaty on the non-proliferation of nuclear weapons under the supervision of
the International Atomic Energy Association (IAEA).
7. The many continents have also joined together to enforce and confederate from the
NPT in their region. The Bangkok Treaty opened in 1995 entered into force in 1997, the
South Pacific Nuclear Free Zone Treaty of Rarotonga was signed in 1985 and entered
into force in 1986. Treaty for the Prohibition of Nuclear Weapons in Latin America and
the Caribbean Treaty of Tlatelolco was signed in 1967 and enforced by the nations, The
Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons
of Mass Destruction on the Sea-Bed and the Ocean Floor and in the Subsoil Thereof or
Sea-Bed Treaty was opened in 1971 and entered into force in 1972. Whereby States
Parties to this Treaty undertake not to emplant or emplace on the seabed and the ocean
floor and in the subsoil thereof beyond the outer limit of a sea-bed zone, as defined in
article II, any nuclear weapons or any other types of weapons of mass destruction as well
as structures, launching installations or any other facilities specifically designed for
storing, testing or using such weapons. African Nuclear Weapon Free Zone Pelindaba
Treaty was signed 1996. The Treaty prohibits nuclear weapons within the Organization
of African Unity. These treaties all ensure that,
1. Each State Party undertakes not to allow, in its territory, any other State to:
a. develop, manufacture or otherwise acquire, possess or have control over nuclear
weapons;
b. station or transport nuclear weapons; or
c. test or use nuclear weapons.
d. dump at sea or discharge into the atmosphere any radioactive material or wastes
e. dispose radioactive material or wastes on land in the territory of or under the
jurisdiction of other States
f. allow, within its territory, any other State to dump at sea or discharge into the
atmosphere any radioactive material or wastes.
g. Nothing shall prejudice the right of the States Parties to use nuclear energy, in
particular for their economic development and social progress.
C. Weapons free zones have proven to be effective ways to eliminate arms races.
Weapons Free zones have been established.
1. The Antarctic Treaty of 1959 was entered into forced in 1961 that states, Antarctica
shall be used for peaceful purposes only. There shall be prohibited, inter alia, any
measures of a military nature, such as the establishment of military bases and
fortifications, the carrying out of military maneuvers, as well as the testing of any types
of weapons is prohibited.
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2. The Treaty on Open Skies was opened for signatures in 1992 and is not yet in force.
The purpose of the Treaty is to permit spy planes unimpeded access national airspace to
make photographs. Art. 2(3) sets forth the Quotas that form the foundation of this treaty,
it states, 3. Each State Party shall have the right to conduct a number of observation
flights over the territory of any other State Party equal to the number of observation
flights which that other State Party has the right to conduct over it. This treaty should
probably be repealed because spying is risky business and this treaty does not adequately
prohibit bombings.
3. The Agreement Governing the Activities of States on the Moon and Other Celestial
Bodies was opened in 1979 and entered into force in 1984 State Parties must inform the
Secretary General of the nature of all missions to the moon and outer-space to ensure that
under Art. 3 (1), The moon shall be used by all States Parties exclusively for peaceful
purposes. Art. 3 (4) states, The establishment of military bases, installations and
fortifications, the testing of any type of weapons and the conduct of military maneuvers
on the moon shall be forbidden. The use of military personnel for scientific research or
for any other peaceful purposes shall not be prohibited. The use of any equipment or
facility necessary for peaceful exploration and use of the moon shall also not be
prohibited.
4. Prevention of an Arms Race in Outer Space of the UN General Assembly on 6 January
2006 recognized the common interest of all mankind in the exploration and use of outer
space for peaceful purposes and reaffirms the will of all States that the exploration and
use of outer space, including the Moon and other celestial bodies, shall be for peaceful
purposes and shall be carried out for the benefit and in the interest of all countries,
irrespective of their degree of economic or scientific development. In H. R. 2420 the
Space Preservation Act authored by Dennis Kucinich (D-OH) of May 18, 2005 sought to
preserve the cooperative, peaceful uses of space for the benefit of all humankind by
prohibiting the basing of weapons in space and the use of weapons to destroy or damage
objects in space that are in orbit, and for other purposes.
D. The APM Convention (Mine-Ban Convention) went into force in 1999.
Article 1 states,
1. Each State Party undertakes never under any circumstances:
a) To use anti-personnel mines;
b) To develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly
or indirectly, anti-personnel mines;
c) To assist, encourage or induce, in any way, anyone to engage in any activity prohibited
to a State Party under this Convention.
2. Each State Party undertakes to destroy or ensure the destruction of all anti-personnel
mines in accordance with the provisions of this Convention.
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i. Landmines are known to have caused 5,197 casualties in 2008, a third of them children,
according to the Nobel Prize-winning International Campaign to Ban Landmines (ICBL),
which links some 1,000 activist groups.
E. Declaration II on the Use of Projectiles the Object of Which is the Diffusion of
Asphyxiating or Deleterious Gases, Hague 29 July 1899 was reinforced in the 1925
Geneva Protocol Prohibiting the Use in War of Asphyxiating, Poisonous or Other Gases,
and of Bacteriological Methods of Warfare. It states, ―asphyxiating, poisonous or other
gases, and of all analogous liquids, materials or devices, has been justly condemned by
the general opinion of the civilized world;‖
1. The BWC, Convention on the Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction
was opened in 1972 and entered into force in 1975. To achieve effective progress toward
general and complete disarmament, including the prohibition and elimination of all types
of weapons of mass destruction. Each State Party to this Convention undertakes never in
any circumstance to develop, produce, stockpile or otherwise acquire or retain:
Microbial or other biological agents, or toxins whatever their origin or method of
production, of types and in quantities that have no justification for prophylactic,
protective or other peaceful purposes; Weapons, equipment or means of delivery
designed to use such agents or toxins for hostile purposes or in armed conflict.
2. Convention on the Prohibition of the Development, Production, Stockpiling, and Use
of Chemical Weapons and on their Destruction CWC was opened in Paris in 1993 and
entered into force in 1997 to achieve effective progress towards general and complete
disarmament under strict and effective international control, including the prohibition and
elimination of all types of weapons of mass destruction. Article 1 sets forth the General
Principles governing State Parties working on their own or in co-operation with the UN
to prohibit Chemical weapons,
(a) To develop, produce, otherwise acquire, stockpile or retain chemical weapons, or
transfer, directly or indirectly, chemical weapons to anyone;
(b) To use chemical weapons;
(c) To engage in any military preparations to use chemical weapons;
(d) To assist, encourage or induce, in any way, anyone to engage in any activity
prohibited to a State Party under this Convention.
e. Each State Party undertakes to destroy chemical weapons it owns or possesses, or that
are located in any place under its jurisdiction or control, in accordance with the
provisions of this Convention.
F. The CCWC Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects was opened for signature in 1981 and has not yet been entered into
force. The Convention entreats upon all states in their international relations to refrain
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from the threat or use of force against the sovereignty, territorial integrity or political
independence of any State. The four protocols state,
Protocol 1 Prohibits the use of any weapon the primary effect of which is to injure by
fragments which are Non-Detectable in Humans by X-rays.
Protocol II Prohibits the use of Mines, Booby Traps and Other Devices on both land and
at sea as of 1996.
Protocol III Prohibits the Use of Incendiary Weapons
Protocol IV Prohibits the Use of Blinding Laser Weapons Adopted by the 8th Plenary
Meeting of the States Parties on 13 October 1995
G. Convention on the Prohibition of Military or any other Hostile Use of Environmental
Modification Techniques ENMOD was opened in 1977 and entered into force on 1978.
Article 1 states, Each State Party to this Convention undertakes not to engage in military
or any other hostile use of environmental modification techniques having widespread,
long-lasting or severe effects as the means of destruction, damage or injury to any other
State Party. Article 2 defines, the term "environmental modification techniques" refers to
any technique for changing -- through the deliberate manipulation of natural processes --
the dynamics, composition or structure of the Earth, including its biota, lithosphere,
hydrosphere and atmosphere, or of outer space.
H. The Inter-American Convention against the Illicit Manufacture of and Trafficking in
Firearms, Ammunition, Explosives and Other Related Materials was opened in 1997 and
entered into force in 1998. Article II states the purpose of the Convention is, a. to
prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms,
ammunition, explosives, and other related materials; a. to promote and facilitate
cooperation and exchange of information and experience among States Parties to prevent,
combat, and eradicate the illicit manufacturing of and trafficking in firearms,
ammunition, explosives, and other related materials.
1. The Inter-American Convention on Transparency in Conventional Weapons
Acquisitions adopted in 1999 and not yet in force. The Objective of this document
deposited with the Secretary of the Organization of American States is to contribute more
fully to regional openness and transparency in the acquisition of conventional weapons
by exchanging information regarding such acquisitions, for the purpose of promoting
confidence among States in the Americas.
§7 Diplomacy
A. Diplomacy is the art and practice of conducting negotiations between representatives
of groups or nations with regard to issues of peace-making, culture, economics, trade and
war. International treaties are usually negotiated by diplomats prior to endorsement by
national politicians. A Guide to Diplomatic Practice by Sir Ernest Satow, Longmans,
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Green & Co. London & New York in 1917 attributes the ability to practice diplomacy as
one of the defining elements of a State. Modern diplomacy's origins are often traced to
the states of Northern Italy in the early Renaissance, with the first embassies being
established in the thirteenth century. The sanctity of diplomats has long been observed as
diplomatic immunity. Diplomatic rights were established in the mid-seventeenth century
in Europe and have spread throughout the world. These rights were formalized by the
1961 Vienna Convention on Diplomatic Relations, which protects diplomats from being
persecuted or prosecuted while on a diplomatic missions as enforced in the Case
Concerning United States Diplomatic and Consular Staff in Tehran (United States of
America v. Iraq) 24 May 1980
Track I Diplomatic recognition is an important factor in determining whether a nation is
an independent state. Receiving recognition is often difficult, even for countries which
are fully sovereign.
Track II Informal diplomacy has been used for centuries to communicate between
powers. Most diplomats work to recruit figures in other nations who might be able to give
informal access to a county's leadership. Track II diplomacy is a specific kind of informal
diplomacy, in which non-officials (academic scholars, retired civil and military officials,
public figures, social activists) engage in dialogue, with the aim of conflict resolution, or
confidence-building that are sometimes government funded.
Track III exchanges may have no connection at all with governments, or may even act in
defiance of governments so long as the protestors are peaceful and just.
B. The Foreign Service of the United States was established under the Act of May 24,
1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of
1946 and is now regulated by Chapter 52 of Title 22 Foreign Relations. Foreign service
employees of USAID and the US Department of State work in 260 diplomatic missions
in 163 foreign countries listed as US Embassies. US Consular offices abroad process an
estimated 7 million visa applications annually. There are numerous flaws in the political
organization of US foreign relations that need redress to give our children a better world.
1. Title 22 Foreign Relations and Intercourse (A-FraI-D) needs to be amended to read just
Foreign Relations (FR-EE) for a world that is free from fear.
2. The US Court of International Trade (COITUS) was founded in 1984, the year that can
be attributed with the HIV/AIDS pandemic, beginning the mandatory minimum
sentencing policies that have caused the quadrupling of the prison population, the rise in
the divorce rate to over 50% of all marriages in the early 1992‘s. After contemplating
several possibilities the most aesthetic name for this Court, located in New York City, is
the Customs Court (CC) as intended in the original Customs Court Act of 1980.
3. The overly large USAID Bureau for Asia and the Near East, the metaphorical ANE
Asylum where all four of the US‘s post World War II international wars have occurred
needs to be divided into the Bureau for the Middle East and Central Asia (MECA) and
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the Bureau for South East Asia (SEA) to do the regions poetic justice and permit the
Foreign Servants the liberty to study the languages and cultures.
C. The name "United Nations", was coined by United States President Franklin D.
Roosevelt, was first used in the "Declaration by United Nations" of 1 January 1942,
during the Second World War, when representatives of 26 nations pledged their
Governments to continue fighting together against the Axis Powers.
1. The forerunner of the United Nations was the League of Nations, an organization
conceived in similar circumstances during the first World War, and established in 1919
under the Treaty of Versailles "to promote international cooperation and to achieve peace
and security." The International Labour Organization was also created under the Treaty
of Versailles as an affiliated agency of the League. The League of Nations ceased its
activities after failing to prevent the Second World War.
2. In 1945, representatives of 50 countries met in San Francisco at the United Nations
Conference on International Organization to corrupt the United Nations Charter written at
the Dumbarton-Oaks Conference August-October 1944. The Charter was signed on 26
June 1945 by the representatives of the 50 countries. Poland, which was not represented
at the Conference, signed it later and became one of the original 51 Member States. The
United Nations officially came into existence on 24 October 1945, United Nations Day is
celebrated on 24 October each year. It remains for the world government to set down the
Generals of the United Nations (GUN) and elect a Secretary of the UN (SUN), abolish
the permanent membership to the Security Council, and undo the horrible editing error by
relegating the use of force to Chapter IX and salvaging the economy from Art. 66 as
directed in the United Nations Charter Legitimate Edition (UNCLE).
D. Since wars begin in the minds of men, it is in the minds of men that the defenses of
peace, a civil administration, must be constructed. USAID's history and contemporary
US foreign policy dates back to the Marshall Plan that helped pay for the reconstruction
of Europe after World War Two. In 1947 after hostilities had ceased after World War II
the United States offered $20 billion for reconstruction efforts in Europe as long as the
native governments would set forth reasonable asset utilization plans.
1. Responding to Europe's calls for help, the international community established the
International Monetary Fund (IMF) and the International Bank for Reconstruction and
Development (the World Bank) on December 27, 1945. On April 2, 1948, through the
enactment of the Economic Cooperation Act, the United States responded by creating the
Marshall Plan.
2. Even now a model for positive economic diplomacy, the Marshall Plan was a rational
effort by the United States aimed at reducing the hunger, homelessness, sickness,
unemployment, and political restlessness of the 270 million people in sixteen nations in
West Europe. Marshall Plan funds were not mainly directed toward feeding individuals
or building individual houses, schools, or factories, but at strengthening the economic
superstructure (particularly the iron-steel and power industries).
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3. The total cost of the program to American taxpayers was $11,820,700,000. Most of
the money was spent between 1948 and the beginning of the Korean War (June 25,
1950); after June 30, 1951, the remaining aid was folded into the Mutual Defense
Assistance Program. On December 10, 1953, George C. Marshall, the US Secretary of
State who drafted the plan, received the Nobel Peace Prize in Oslo, Norway.
E. When the Marshall Plan ended on June 30, 1951, Congress was in the process of
piecing together a new foreign aid proposal designed to unite military and economic
programs with technical assistance. On October 31, 1951, this plan became a reality when
Congress passed the first Mutual Security Act and created the Mutual Security Agency.
In 1953, the Foreign Operations Administration was established as an independent
government agency outside the Department of State, to consolidate economic and
technical assistance on a world-wide basis. Its responsibilities were merged into the
International Cooperation Administration (ICA) one year later.
1. The ICA administered aid for economic, political and social development purposes.
Although the ICA's functions were vast and far reaching, unlike USAID, ICA had many
limitations placed upon it. As a part of the Department of State, ICA did not have the
level of autonomy the USAID currently maintains. At the time, multilateral donors (such
as those affiliated with the United Nations and the Organization of American States) were
playing a greater role in foreign assistance.
2. The Mutual Security Act of 1954 introduced the concepts of development assistance,
security assistance, a discretionary contingency fund, and guarantees for private
investments. The Food for Peace program was implemented that year, introducing food
aid. Congressional approval of a revised Mutual Security Act in 1957 lead to the creation
of the Development Loan Fund (DLF), which acted as the ICA's lending arm. The DLF's
primary function was to extend loans of a kind that the Export-Import Bank and other
donors were not interested in or prepared to underwrite - those repayable in local
currencies. The DLF financed everything other than technical assistance but was most
noteworthy for financing capital projects. Neither the ICA nor the DLF addressed the
need for a long-range foreign development program. That led to the creation of the U.S.
Agency for International Development.
F. By 1960, the support from the American public and Congress for the existing foreign
assistance programs had dwindled. The growing dissatisfaction with foreign assistance,
highlighted by the book The Ugly American, prompted Congress and the Eisenhower
Administration to focus U.S. aid to developing nations, which became an issue during the
1960 U.S. presidential campaign.
1. Fowler Hamilton, was appointed as USAID's first administrator. His primary goal was
to establish an agency founded on good, strong organizational principles that would stand
the test of time. One of the first programs undertaken by the fledgling USAID was the
Alliance for Progress. Conceptually set-up in the fall of 1960 by the Act of Bogota and
confirmed by the Charter of Punta del Este (Uruguay) in early 1961, the Alliance was a
hemisphere-wide commitment of funds and effort to develop the nations of the Americas.
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The Alliance became the basis for USAID's programs in Latin America throughout the
1960s. President Kennedy promoted the Alliance in trips to Colombia and Venezuela in
1961. The Kennedy Administration made reorganization of, and recommitment to,
foreign assistance a top priority. It was thought that to renew support for foreign
assistance at existing or higher levels, to address the widely-known shortcomings of the
previous assistance structure, and to achieve a new mandate for assistance to developing
countries, the entire program had to be "new."
"The answer is that there is no escaping our obligations: our moral obligations as a wise
leader and good neighbor in the interdependent community of free nations--our economic
obligations as the wealthiest people in a world of largely poor people, as a nation no
longer dependent upon the loans from abroad that once helped us develop our own
economy--and our political obligations as the single largest counter to the adversaries of
freedom. To fail to meet those obligations now would be disastrous; and, in the long run,
more expensive. For widespread poverty and chaos lead to a collapse of existing political
and social structures which would inevitably invite the advance of totalitarianism into
every weak and unstable area. Thus our own security would be endangered and our
prosperity imperiled. A program of assistance to the underdeveloped nations must
continue because the Nation's interest and the cause of political freedom require it."
G. The Foreign Assistance Act of 1961 was enacted as a result of the legislative process
begun by President Kennedy was a relatively concise document that recognized the
economic and political principles expressed in the President's transmittal message.
Development assistance consisted primarily of two programs: (1) a Development Loan
Fund whose primary purpose was to foster plans and programs to "develop economic
resources and increase productive capacities" (i.e., a significant amount of capital
infrastructure), and (2) a Development Grant Fund, to focus on "assisting the
development of human resources through such means as programs of technical
cooperation and development" in less developed countries.
H. The IDCA, was established by Executive Order in September, 1979, by Jimmy Carter.
Up until that time, all authority to administer FAA programs had been vested in the
Secretary of State by delegation from the President. The establishment of IDCA changed
this relationship. Most powers of the IDCA were re-delegated to the Administrator of
USAID. Generally, those authorities dealing with security assistance were delegated to
the Secretary of State. To give effect to some of these changes, the President submitted a
reorganization plan (Reorganization Plan No. 2) which delegated certain economic
assistance functions to the Director. IDCA, to be charitable, was not the coordinating
mechanism envisaged either by Senator Humphrey or, in all likelihood, President Carter.
The only entity it coordinated was USAID and, since it was staffed with fewer than 75
people, could make only a marginal impact on overall bilateral and multilateral assistance
policy. In the Reagan Administration no staff were provided to IDCA and, functionally, it
faded quickly from the scene.
I. Reagan took a more defensive approach to foreign policy although he was successful in
ending the Cold War peacefully as recorded by now Defense Secretary Robert Gates,
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From the Shadows: The Ultimate Insiders Story of Five Presidents and How They Won
the Cold War, published in 1996.
1. At this time the International Court of Justice in the Judgment on the Merits regarding
Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United
States of America) No. 70 (1986) decided that the United States of America, by the
attacks on Nicaraguan territory and by declaring a general embargo on trade with
Nicaragua on 1 May 1985, has acted in breach of its obligations under Article XIX of the
Treaty of Friendship, Commerce and Navigation between the Parties signed at Managua
on 21 January 1956.
J. Beginning in late 1988, the House Committee on Foreign Affairs (HFAC) began an
examination of the foreign assistance program generally and, in particular, the continued
relevance of the Foreign Assistance Act. At the same time, numerous outside interest
groups also began a similar review. The findings restate many of the same themes that
President Kennedy had raised almost thirty years earlier in his transmittal of the first
Foreign Assistance Act: 1. Foreign assistance is a valuable foreign policy tool in terms of
promoting U.S. security interests and its economic interests. 2. The interrelationship and
interdependence of Nations means that the United States will continue to be affected--for
good or bad--by economic and political events in other parts of the world and,
increasingly, economic issues dominate the international agenda. 3. Moreover, the world
is changing to become more urbanized and with an increasing recognition of the value of
market-oriented solutions to social and economic problems.
K. US foreign assistance aiming to achieve the UN Millennium Development Goals is the
hope and focus of US foreign policy and international relations. While sun may have set
on the American Century, the Secretary of the UN (SUN) has not yet risen to be
democratically elected under a UN Charter Legitimate Edition (UNCLE) that would
establish an international social security style payroll tax and benefit administration for
the world‘s poor. The original 1961 language of the Foreign Assistance Act states,
United States development cooperation policy should emphasize five principal goals: (1)
the alleviation of the worst physical manifestations of poverty among the world‘s poor
majority; (2) the promotion of conditions enabling developing countries to achieve self-
sustaining economic growth with equitable distribution of benefits; (3) the
encouragement of development processes in which individual civil and economic rights
are respected and enhanced; (4) the integration of the developing countries into an open
and equitable international economic system; and (5) the promotion of good governance
through combating corruption and improving transparency and accountability.
1. America's initial interests in neutrality and in commercial respect following the
American Revolution led to the Monroe Doctrine. In his December 2, 1823, address to
Congress, President James Monroe articulated United States' policy on the new political
order developing in the rest of the Americas and the role of Europe in the Western
Hemisphere. The statement became a longstanding tenet of U.S. foreign policy. Monroe
and his Secretary of State John Quincy Adams drew upon a foundation of American
diplomatic ideals such as disentanglement from European affairs and defense of neutral
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rights. The three main concepts of the Monroe doctrine are separate spheres of influence
for the Americas and Europe, non-colonization, and non-intervention.
Art. 3 Global Security
§8 UN Security Council
A. The Security Council is established under Article 24 of the UN Charter, in order to
ensure prompt and effective action by the United Nations, its primary responsibility is for
the maintenance of international peace and security. The numbers in this section reflect
the ratified UN Charter of 1945. Reforms are necessary to restore the damages caused by
the San Francisco Conference on International Organization to the Dumbarton Oaks
Conference that drafted a self-respecting international government. Permanent
membership to the UN Security Council must be abolished, the Generals of the United
Nations (GUN) must be set down and a Secretary of the United Nations (SUN) elected in
general elections around the world on the same day, the name ECOSOC-k needs to be
changed to Socio-Economic Administration (SEA), Art. 66 and Art. 24 flipped to liberate
the economy, a 1% International Tax Administration established and the name of the
General Assembly changed to Parliament for an international government that would
inspire peaceful behavior and government upon ratification and scheduling of an election
under the UN Charter Legitimate Education (UNCLE) drafted in 2009
1. In discharging these duties the Security Council shall act in accordance with the
Purposes and Principles of the United Nations. The specific powers granted to the
Security Council for the discharge of these duties are laid down in Chapter VI Pacific
Settlement of Disputes, Chapter VII Action with Respect to Threats to Peace, Breaches of
the Peace, and Acts of Aggression, Chapter VIII Regional Arrangements.
2. Art. 27(3) of Chapter V ensures that Decisions of the Security Council on all other
matters shall be made by an affirmative vote of nine members including the concurring
votes of the permanent members; provided a party to a dispute shall abstain from voting.
3. On the issue of the right to veto exercised by Permanent Members, we hope to see
some restrictions in its use to the utmost extent: Firstly, by limiting veto authority to
military ventures under chapter VII of the Charter, secondly, by taking the necessary
procedures to prevent the unconditional use of the veto in regards to humanitarian
endeavors Iraq Ambassador Samir Shakir Sumaidaie Permament Representative to the
United Nations delivered a speech to the UN General Assembly on The Question of
Equitable Representation on and Increase in the Membership of the Security Council and
Other Related Issues on Armistice Day 11 November 2005.
B. The system of compensation for victims of war set forth by United Nations Security
Council Compensation Commission for Iraq-Kuwait are applicable to the victims of all
conflicts and disasters in which the United States takes part. The rates are as follows;
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1. People forced to relocate as the result of military action $2,500 -$4,000 for an
individual and $5,000-$8,000 for a family;
2. People who suffered serious bodily injury or families reporting a death as the result of
US military action are entitled to between $2,500 and $10,000;
3. After being swiftly compensated for relocation, injury or death an individual may
make a claim for damages for personal injury; mental pain and anguish of a wrongful
death; loss of personal property; loss of bank accounts, stocks and other securities; loss of
income; loss of real property; and individual business losses valued up to $100,000.
4. After receiving compensation for relocation, injury or death an individual can file a
claim valued at more than $100,000 for the loss of real property or personal business.
5. Claims of corporations, other private legal entities and public sector enterprises. They
include claims for: construction or other contract losses; losses from the non-payment for
goods or services; losses relating to the destruction or seizure of business assets; loss of
profits; and oil sector or heavy industry losses.
6. Claims filed by Governments and international organizations for losses incurred in
evacuating citizens; providing relief to citizens; damage to diplomatic premises and loss
of, and damage to, other government property; and damage to the environment.
C. The Peacebuilding Commission will marshal resources at the disposal of the
international community to advise and propose integrated strategies for post-conflict
recovery, focusing attention on reconstruction, institution-building and sustainable
development, in countries emerging from conflict. The Commission will bring together
the UN's broad capacities and experience in conflict prevention, mediation,
peacekeeping, respect for human rights, the rule of law, humanitarian assistance,
reconstruction and long-term development.
D. Since 1945, UN Peacekeepers have undertaken 60 field missions and negotiated 172
peaceful settlements that have ended regional conflicts, and enabled people in more than
45 countries to participate in free and fair elections. The approved DPKO budget for the
period from 1 July 2005 to 30 June 2006 is approximately $5 billion. This represents
0.5% of global military spending. The fundamentally international character of UN
Security Council–authorized peacekeeping missions provides an unparalleled legitimacy
to any intervention and demonstrates the commitment of the entire international
community to take tangible action to address the crisis at hand. UN. Peacekeeping alone
may not be the right tool for every situation; it must accompany a peace process, not
substitute for one. Working along side partners such as NATO (in Afghanistan and
Kosovo), the European Union (in the Democratic Republic of the Congo) and the African
Union (in Sudan), UN peacekeeping provides an impartial and widely-accepted vehicle
for both burden-sharing and effective action.
1. There are more than 90,000 personnel serving on 18 UN Department of Peacekeeping
Operations (DPKO)-led peace operations on four continents in ten time zones, directly
impacting the lives of hundreds of millions of people.
2. Almost 64,200 of those currently serving are troops and military observers and about
7,500 are police personnel. In addition, there are almost 5,250 international civilian
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personnel, more than 11,300 local civilian staff and some 1,720 UN Volunteers. As of
early 2006, women constituted approximately 1% of military personnel and 4% of police
personnel in UN peacekeeping; 30% of international civilian staff and 28% of nationally
recruited civilian staff are women.
3. 108 countries contribute military and police personnel to UN peacekeeping.
4. The UN is the largest multilateral contributor to post-conflict stabilization worldwide.
5. Only the US Government deploys more military personnel to the field than DPKO.
6. In 2005 alone, UN peacekeeping operations rotated 161,386 military and police
personnel on 864 separate flights, and carried 271,651 cubic meters of cargo.
7. Peacekeeping operations undertook long-term charters on 207 aircraft for the
movement of 711,224 passengers within peacekeeping missions and DPKO operated or
deployed some 220 medical clinics and 21 military hospitals.
E. In the wake of the 11 September 2001 terrorist attacks in the United States, the United
Nations Security Council unanimously adopted resolution 1373, which, among its
provisions, obliges all States to criminalize assistance for terrorist activities, deny
financial support and safe haven to terrorists and share information about groups planning
terrorist attacks.
1.The 15-member Counter-Terrorism Committee (CTC) was established at the same time
to monitor implementation of the resolution. While the ultimate aim of the Committee is
to increase the ability of States to fight terrorism, it is not a sanctions body nor does it
maintain a list of terrorist organizations or individuals. The Al-Queda and Taleban
Sanctions Committee established by paragraph 6 of Security Council resolution 1267
(1999) of 15 October 1999.
F. A 1540 Committee has been established to review compliance with UN Security
Council Resolution 1540 (2004) that affirms that the proliferation of nuclear, chemical
and biological weapons, as well as their means of delivery, constitutes a threat to
international peace and security.
1.All Member States shall fulfill their obligations in relation to arms control and
disarmament to prevent proliferation in all its aspects of all weapons of mass destruction.
Member States shall resolve peacefully in accordance with the Charter any problems
threatening or disrupting the maintenance of regional and global stability.
§9 NATO
A. The North Atlantic Treaty Organisation (NATO) is an alliance of 26 countries from
North America and Europe committed to fulfilling the goals of the North Atlantic Treaty
signed in Washington DC 4 April 1949 as amended in Article 5 by Article 2 of the
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Protocol to the North Atlantic Treaty on the accession of Greece and Turkey signed on 22
October 1951 to reaffirm their desire to live in peace with all peoples and all
governments determined to safeguard the freedom, common heritage and civilization of
their peoples, founded on the principles of democracy, individual liberty and the rule of
law in the ―Treaty of Washington‖.
B. To achieve this goal Parties shall settle international disputes by peaceful means in
such a manner that international peace and security and justice are not endangered, and to
refrain in their international relations from the threat or use of force in any manner
inconsistent with the purposes of the United Nations. Parties shall contribute to peaceful
and friendly relations. Should an armed attack occur against any Member countries each
would exercise the right of individual and collective defense under Article 51 of the
Charter of the United Nations.
C. The fundamental guiding principle by which the Alliance works is that of common
commitment and mutual co-operation among sovereign states in support of the
indivisibility of security for all of its members. Solidarity and cohesion within the
Alliance, through daily cooperation in both the political and military spheres, ensure that
no single Ally is forced to rely upon its own national efforts alone in dealing with basic
security challenges. To achieve its essential purpose, as an Alliance of nations committed
to the Washington Treaty and the United Nations Charter, the Alliance performs the
following fundamental security tasks:
1. Security: To provide one of the indispensable foundations for a stable Euro-Atlantic
security environment, based on the growth of democratic institutions and commitment to
the peaceful resolution of disputes, in which no country would be able to intimidate or
coerce any other through the threat or use of force.
2. Consultation: To serve, as provided for in Article 4 of the Washington Treaty, as an
essential transatlantic forum for Allied consultations on any issues that affect their vital
interests, including possible developments posing risks for members' security, and for
appropriate co-ordination of their efforts in fields of common concern.
3. Deterrence: To deter and defend against any threat of aggression against any NATO
member state as provided for in Articles 5 and 6 of the Washington Treaty. And in order
to enhance the security and stability of the Euro-Atlantic area:
4. Crisis Management: To stand ready, case-by-case and by consensus, in conformity
with Article 7 of the Washington Treaty, to contribute to effective conflict prevention and
to engage actively in crisis management, including crisis response operations.
5. Partnership: To promote wide-ranging partnership, cooperation, and dialogue with
other countries in the Euro-Atlantic area, with the aim of increasing transparency, mutual
confidence and the capacity for joint action with the Alliance.
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D. In fulfilling its purpose and fundamental security tasks, the Alliance will continue to
respect the legitimate security interests of others, and seek the peaceful resolution of
disputes as set out in the Charter of the United Nations. The Alliance will promote
peaceful and friendly international relations and support democratic institutions. The
Alliance does not consider itself to be any country's adversary. The maintenance of an
adequate military capability and clear preparedness to act collectively in the common
defense remain central to the Alliance's security objectives.
1.The Alliance will continue to actively contribute to the development of arms control,
disarmament, and non-proliferation agreements as well as to confidence and security
building measures building upon the Alliance's Strategic Concept Approved by the Heads
of State and Government participating in the meeting of the North Atlantic Council in
Washington D.C. on the 23rd and 24th April 1999. The Alliance remains open to new
members under Article 10 of the Washington Treaty.
E. The Treaty on Conventional Armed Forces in Europe CFE opened in 1990 and
entered into force in 1992 limits the numbers of conventional armaments and equipment
not to exceed 40,000 battle tanks, 60,000 armoured combat vehicles, 40,000 pieces of
artillery, 13,600 combat aircraft and 4,000 attack helicopters.
§10 Africa Command
A.Africa Command (AFRICOM) was created as a combatant command whose Area of
Responsibility (AOR) is exclusively Sub-Saharan Africa upon the order of President
Bush and Secretary of Defense Robert Gates on February 6, 2007, became operational in
October of 2007 and fully operational on October 1, 2008. American troops will serve in
UN peacekeeping missions in the African continent, increasing their number from 770 in
Djibouti, to tens of thousands. AFRICOM completes the regional infrastructure of the
US Department of Defense, but remains to be deployed and the rights have yet to be
purchased from Hospitals & Asylums.
1. AFRICOM will serve the African Union Peace and Security Council as a Stand by
Force under Art. 13 and harmonize under Art. 16 of the Protocol Relating to the
Establishment of a Peace and Security Council of the African Union signed 9 July 2002.
2. 25 million people in Africa are infected with HIV/AIDS, in several countries 35% of
the population is infected. Malaria and tuberculosis are also great killers of children.
The average life expectancy in some countries is 30 years.
3. War and instability had created a tragic situation on much of the continent, which has
seen 186 coups d'etat and 26 major wars in the past 50 years. Some 2.8 million refugees
and fully half of the world's 24.6 million internally displaced people are victims of
conflict and upheaval in Africa, in Larger Freedom: towards development, security and
human rights for all; a Report of the Secretary-General (2005).
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B. Responsibility for the representation of US military interests in Africa remains divided
between (1) US European Command (EUCOM) and (2) US Central Command
(CENTCOM). The ill preparedness of US troops against malaria on a peacekeeping
mission in Liberia demonstrated that the Sub-Saharan African Command requires more
study than the dynamic European and Middle Eastern theatres afford.
C. The area of responsibility (AOR) of AFRICOM will cover 42 African countries south
of the Sahara. Its command center is currently located in Germany but is making plans to
establish bases on the continent. Until then the headquarters are in Germany. The
Commander of Africa Command must be African-American.
§10a Northern Command
A. The United States Military represents US interests in the Americas through two
American Commands, (1) Northern Command and (2) Southern Command.
1. US Northern Command has the area of responsibility to protect the US, Canada,
Mexico, Puerto Rico and the US Virgin Islands within 50 nautical miles of the border.
Northern Command was founded in 2002 and is primarily involved in Homeland Security
and assists local law enforcement efforts. Its command center is located at Peterson Air
Force Base in Cold Springs, Colorado.
§10b Southern Command
A. US Southern Command has the area of responsibility to protect 34 nations in the
Western Hemisphere south of Mexico and the Caribbean. 19 in Central and South
America and 13 in the Caribbean) and covers about 14.5 million square miles (23.2
million square kilometers).
B. In compliance the Panama Canal Treaty of 1977, the U.S. transferred to the
Government of Panama the daily operation of the Panama Canal, forfeiting all the U.S.
military-controlled installations, facilities, and lands, on 14 December 1999. Besides the
headquarters in Miami, Florida there are a number of military facilities in the Caribbean.
Puerto Rico is home to several facilities.
C. Cuba is home to the Guatanamo Bay Naval Base that is under scrutiny for holding
alleged Al Quaeda prisoners in contravention to the Vienna Convention on Consular
Relations. Guatanamo Bay is a likely forfeiture to Cuba when the President relieves
sanctions against our peaceful neighboring country unless it can be adapted to serve as a
joint US / Cuban Naval and Coast Guard Base.
1. The President ordered the base to be closed in E.O, 13492 of January 22, 2009 but
Congress has resisted the move. It is indeed within the President‘s power to close the
base and pleases the international community wherefore Congress‘s objections, like
every piece of legislation produced by completely bankrupt 111th Congress, are
overruled.
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§10c Pacific Command
A. US military supervision in Asia and the Pacific is granted to US Pacific Command
(PACOM). Camp H.M. Smith, home of the headquarters of the Commander in Chief,
U.S. Pacific Command and the Commanding General of Marine Forces Pacific, is located
on Oahu's Halawa Heights, at an elevation of about 600 feet above Pearl Harbor, near the
community of Aiea. It is the oldest and largest of the United States' unified commands
with 300,000 troops, about 50,000 deployed abroad in Guam, Japan and Korea.
1. The U.S. Pacific Command was established as a unified command on 1 January 1947,
The present U.S. Pacific Command (USPACOM) includes areas originally assigned to
two other unified commanders. Responsibilities of the Far East Command were assumed
on 1 July 1957. That same day the command assumed some of the responsibilities of the
Alaskan Command, and individual Army and Air Force component commands for the
Pacific was established in Hawaii. Added responsibilities were assigned to CINCPAC on
1 January 1972 for military forces and elements in the Indian Ocean, Southern Asia, and
the Arctic. The area of responsibility was further expanded on 1 May 1976 to the east
coast of Africa. This enlarged the Pacific Command to more than 50 percent of the earth's
surface, an area of over 100 million square miles. Another enlargement of the
USPACOM area took place in October 1983 when it was assigned responsibility for the
People's Republic of China, the Democratic People's Republic of Korea, Mongolia, and
the Republic of Madagascar.
§10d Central Command
A. The AOR of US Central Command (CENTCOM) The United States Central
Command (USCENTCOM) is one of the five geographically defined unified commands
within the Department of Defense. Today it is responsible for planning and conducting
United States (U.S.) military activity in a region consisting of 27 countries in Northeast
Africa, Southwest and Central Asia, and the island nation of the Seychelles.
1. An evolutionary development of the temporary Rapid Deployment Joint Task Force
(RDJTF) established by the Carter administration, USCENTCOM was established
January 1, 1983. As its name implies, USCENTCOM covers the "central" area of the
globe located between the European and Pacific Commands. Today‘s command evolved
as a practical solution to the problem of projecting U.S. military power to the Gulf region
from halfway around the world.
2. In the recent past, USCENTCOM has become known for its success in leading a
coalition to liberate Kuwait from Iraqi occupation and for humanitarian operations in
Somalia and Kenya, among other activities. Current developments in the command‘s
strategy have validated its mission and articulated its vision as a versatile and flexible
command able to deal with evolving threats and continuing challenges in its assigned part
of the world. CENTCOM remains the only regional combatant command to be actively
engaged in warfare and looks forward to peace.
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§10e European Command
A. The Area of Responsibility (AOR) of the US European Command (EUCOM) at its
foundation in 1952 covered only 12 Eastern European Countries. In 1963 EUCOM
forfeited the North African Nations but was the only organization to respond to problems.
In 1972 gained responsibility for Israel, Syria, and Lebanon. In 1983 increasing interest
in Sub-Saharan Africa caused EUCOM to greatly expand their AOR by accommodating
these African States. After the Cold War ended in 1992 and 1993 EUCOM took
responsibility for the former Soviet Eastern European, Caucuses and Central Asian states.
A review in 1998 added the missed republics to the AOR. In 2002 Russia came into the
AOR, permitting EUCOM to negotiate with Russia, who is now joining NATO.
B. EUCOM has clearly taken upon too much responsibility over the decades and must
now focus upon cooperation and reform with European and Russian (EAR) armed forces.
(1) forfeit Sub-Saharan Africa to AFRICOM when that is founded;
(2) forfeit the Caucuses to USCENTCOM;
(3) recognize that Central Asia is already the AOR of USCENTCOM;
(4) forfeit Israel, Syria and Lebanon to USCENTCOM;
(5) forfeit Morocco, Libya and Tunisia to USCENTCOM;
Art. 4 Administration
§11 Commander-in-Chief
A.In the United States there is a strong tradition of civilian leadership of the military.
The President is considered the civilian Commander in Chief of the Army, Navy and
Militias called into the service of the US under Art. II Section 2 of the US Constitution
with the power to grant reprieves and pardons for offenses against the United States,
except in cases of impeachment. In clause 2 the President has the authority to make
treaties and appoint Ambassadors, Ministers and Justices with the advice and 2/3
concurrence of the appearing Senate, as elaborated in 3USC(4)§301.
1.The President is the sole organ of the nation in its external relations, and its sole
representative with foreign nations. He manages concerns with foreign nations and must
necessarily be most competent to determine when, how, and upon what subjects
negotiation may be urged with the greatest prospect of success. His conduct is
responsible to the Constitution. The Senate should assist in the direction of foreign
negotiations calculated to diminish the responsibility of the President in issues of national
safety. Chief Justice Marshall in his great argument with the House of Representatives
on March 7, 1800, said, "The President's powers originate not from statute, but from the
constitutional command to take Care that the Laws be faithfully executed‖.
2. The sole war power granted to the executive branch through the President can be found
in Article II, Section 2, which states, `the President shall be the Commander-in-Chief of
the Army and Navy of the United States, and of the Militia of the several States, when
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called into actual Service of the United State‘. The Constitution of the United States
provides that the President, in an emergency, may act to defend the country, but reserved
the matter of offensive war to Congress as the representatives of the people.
3.In Federalist Paper Number 69, while comparing the lesser war-making power of the
United States President versus King George III of Great Britain, Alexander Hamilton
wrote, `the President is to be commander-in-chief of the Army and Navy of the United
States. In this respect his authority would be nominally the same with that of the King of
Great Britain, but in substance much inferior to it. It would amount to nothing more than
the supreme command and direction of the military and naval forces, as first General and
admiral; while that of the British king extends to the declaring of war and to raising and
regulating of fleets and armies, all which, by the Constitution under consideration, would
appertain to the legislature.'
4. James Madison declared that it is necessary to adhere to the `fundamental doctrine of
the Constitution that the power to declare war is fully and exclusively vested in the
legislature'.
5. In 1793, President George Washington, when considering how to protect inhabitants of
the American frontier, instructed his Administration that `no offensive expedition of
importance can be undertaken until after Congress has deliberated upon the subject, and
authorized such a measure'.
6. In 1801, Thomas Jefferson sent a small squadron of frigates to the Mediterranean to
protect against possible attacks by the Barbary powers; he told Congress that he was
`unauthorized by the Constitution, without the sanction of Congress, to go beyond the
line of defense' and that it was up to Congress to authorize `measures of offense also‘.
B. The tradition of the Cabinet dates back to the beginnings of the Presidency and the
USA. The purpose of the Cabinet is explained in Article II, Section 2 of the US
Constitution that directs the Heads of Departments to counsel the President who may
request a written opinion from them. The Secretary of Defense is the civilian leader of
the military departments. Federalist Paper No. 76 states, ―the true test of a good
government is its aptitude and tendency to produce a good administration.‖
1. The Cabinet includes the Vice President and the heads of 15 executive departments-the
Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human
Services, Homeland Security, Housing and Urban Development, Interior, Labor, State,
Transportation, Treasury, and Veterans Affairs, and the Attorney General. Under
President George W. Bush, Cabinet-level rank also has been accorded to the
Administrator, Environmental Protection Agency; Director, Office of Management and
Budget; the Director, National Drug Control Policy; and the U.S. Trade Representative.
C. In exercise of the authority as Commander in Chief the US President has the authority
to declare states of emergency or cease hostilities with the promulgation of orders for the
termination of emergency under the National Emergencies Act 50USC(34)§1601.
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1. The International Emergency Economic Powers Act (IEEPA) 50USC(35)§1701 grants
the President the authority to deal with any unusual and extraordinary threat, which has
its source in whole or substantial part outside the United States, to the national security,
foreign policy, or economy of the United States, and to declare a national emergency with
respect to such threat.
2. Section 5 of the United Nations Participation Act, as amended at 22USC(7)XVI§287c
permits the President with the Counsel of the UN Security Council to issue such orders,
rules, and regulations to investigate, regulate, or prohibit, any property subject to the
jurisdiction of the United States.
D. Art. II§1 of the US Constitution states, the executive power shall be vested in a
President of the United States of America. He shall hold his Office during the Term of
four years, and together with the Vice President, chosen for the same term, be elected, as
follows. Each state shall appoint a number of electors. The electors shall make a list of
all the persons voted for, and of the number of votes for each and transmit sealed to the
Seat of the government of the United States, directed to the President of the Senate who
shall open all the certificates and the votes shall then be counted. The person having
greatest number of votes shall be president. If no clear majority can be determined the
House of Representatives shall immediately choose by ballot one of them for president if
no person has a majority.
1. The terms of the President and Vice-President shall end at noon on the 20th day of
January under the XX Amendment to the US Constitution. Congress may by law provide
for the case wherein neither the President elect nor a Vice President elect shall have
qualified, one who is to act shall be selected to serve until a President or Vice President
shall have qualified.
E. The President, both as Commander-in-Chief and as the Nation's organ for foreign
affairs, has available intelligence services whose reports are not and ought not to be
published to the world. It would be intolerable that courts, without the relevant
information, should review and perhaps nullify actions of the Executive taken on
information properly held secret.
1.On November 1, 2001the President signed E.O. 13233 Further Implementation of the
President’s Records Act. The executive order was intended to uphold the constitutionally
based privileges pertaining to the management of records reflecting military, diplomatic
and national security interests in a manner consistent with the United States Supreme
Court decision regarding, Nixon v. General Service Administration 433 U.S. 425 (1977)
determined that unless the President can assure his advisors some assurance of
confidentiality a President could not expect to receive full fact and opinion upon which
effective discharge of his duties depends.
2. On March 28, 2003 the President signed E.O. 13292 Further Amendment to Executive
Order 12958, as Amended, National Security Information. The act further authorizes the
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federal government to determine that information is damaging to national security
interests.
a. The levels of classification for use by the President and Federal Agency heads are:
1. Top Secret for information whose disclosure would cause grave security risks
2. Secret for information whose disclosure would potentially cause great damage to
national security
3. Confidential for information whose disclosure poses a risk that is not directly
identifiable at the time of original classification.
b. Information shall not be classified in order to conceal violations of law, inefficiency or
administrative error.
F. Presidential privilege is rooted in the separation of powers under the Constitution and
United States v. Nixon, 418 U.S. 683 (1974). A President is entitled to absolute
immunity from damages liability predicated on his official acts. A rule of absolute
immunity for the President does not however leave the Nation without sufficient
protection against his misconduct. There remains the constitutional remedy of
impeachment, as well as the deterrent effects of constant scrutiny by the press and
vigilant oversight by Congress according to Nixon v. Fitzgerald, 457 U.S. 731 (1982).
1. In United States v. Burr, 25 F. Cas. 30 (No. 14,692d) (CC Va. 1807) Chief Justice
Marshall held that a subpoena duces tecum can be issued to a President. Thomas
Jefferson protested strongly, and stated his broader view of the proper relationship
between the Judiciary and the President: "The leading principle of our Constitution is the
independence of the Legislature, executive and judiciary of each other, and none are
more jealous of this than the judiciary. The intention of the Constitution, that each branch
should be independent of the others, is further manifested by the means it has furnished to
each, to protect itself from enterprises of force attempted on them by the others, and to
none has it given more effectual or diversified means than to the executive.
2. The immunity of executive privilege is limited to civil damages claims. Neither the
doctrine of separation of powers, nor the need for confidentiality without more, can
sustain an absolute, unqualified Presidential privilege of immunity from judicial process
under all circumstances. The President cannot, through the assertion of a broad and
undifferentiated need for confidentiality and the invocation of an absolute, unqualified
executive privilege, withhold information in the face of subpoena orders under Cheney v.
U.S. District Court for the District of Columbia, 542 U.S. 367 (2004)
G. In the case of the president, or any executive or judicial officer wantonly abusing his
trust, he is liable for impeachment. In the Federalist Papers, Alexander Hamilton
explained that the subject of impeachment would be those offenses which proceed from
the misconduct of public men, or, in other words, from the abuse or violation of some
public trust. They are of a nature which may with peculiar propriety be denominated
political, as they relate chiefly to injuries done immediately to the society itself.
Impeachment is designed to bridle the executive if he engages in excesses. It is designed
as a method of national inquest into the conduct of public men. Impeachable offenses
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are those that (1) are extremely serious, (2) in some way corrupt or subvert the political
and governmental process, and (3) are plainly wrong in themselves to a person of honor,
or to a good citizen. The nature of such offenses is that they are rather obviously wrong,
whether or not ‗criminal‘ and which so seriously threaten the order of political society as
to make pestilent and dangerous the continuance in power of their perpetrator. The
jurisdiction is to be exercised over impeachable offences, which are committed by public
men in violation of their public trust and duties. Those duties are, in many cases,
political. Strictly speaking, then, the power partakes of a political character, as it respects
injuries to society in its political character. Further, contemporary experts agree that
there are different standards for impeachable and criminal conduct. It is a fundamental
principle that the House may impeach presidents for misusing government resources and
agencies and for providing false information to the American public. To date, the House
has impeached two presidents; and the House Judiciary Committee approved articles of
impeachment against a third president. The presidents in question are: Andrew Johnson,
Richard Milhaus Nixon, and William Jefferson Clinton. Each of these occurred while the
House was controlled by the political party in opposition to the president.
H. The 10 Commandments are the basis for command of the armed forces. Military
decisions should uphold these commandments in every instance. Military decision are
invariably judged on the basis of their adherence to these words of God. Neutral citation
of the 10 Commandments is found in both Exodus 20:3-17 and Deuteronomy 5:7-21
where God spoke all these words:
1. You shall have no other gods before me. (Exodus 20:3)(Deuteronomy 5:7)
2. You shall not make for yourself an idol in the form of anything in heaven above or on
the earth beneath or in the waters below. You shall not bow down to them or worship
them for I, the Lord your god, am a jealous God, punishing the children for the sin of the
fathers to the third and fourth generation of those who hate me, but showing love to a
thousand generations of those who love me and keep my commandments. (Exodus 20:4-
6)(Deuteronomy 5:8-10)
3. You shall not misuse the name for the Lord your God, for the Lord will not hold
anyone guiltless who misuses his name. (Exodus 20:7)(Deuteronomy 5:11)
4. Remember the Sabbath day by keeping it holy. Six day s you shall labor and do all
your work, but the seventh day is a Sabbath to the Lord your God. On it you shall not do
any work, neither you, nor your son or daughter, nor your manservant or maidservant, nor
your animals, nor the alien within your grates. For in six days the Lord made the heavens
and the earth, the sea, and all that is in them, but he rested on the seventh day. Therefore
the Lord blessed the Sabbath day and made it holy. (Exodus 20:8-11)(Deuteronomy 5:12-
15)
5. Honor your father and your mother so that you may live long in the land the Lord your
God is giving you. (Exodus 20:12)(Deuteronomy 5:16)
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6. You shall not murder. (Exodus 20:13)(Deuteronomy 5:17)
7.You shall not commit adultery. (Exodus 20:14)(Deuteronomy 5:18)
8. You shall not steal. (Exodus 20:15)(Deuteronomy 5:19)
9. You shall not give false testimony against your neighbor. (Exodus
20:16)(Deuteronomy 5:20)
10. You shall not covet your neighbor‘s house. You shall not covet your neighbor‘s wife,
or his manservant or maidservant, hos ox or donkey, or anything that belongs to your
neighbor. (Exodus 20:17)(Deuteronomy 5:21)
§12 Department of Veteran’s Affairs
A. On September 30, 2006, there were an estimated 24,000,000 living veterans 7.8
percent of the total estimated resident population of the United States and Puerto Rico are
recipients, or potential recipients, of veterans' benefits from the Federal Government. For
fiscal year 2008, it is estimated that there will be 5,800,000 veterans seeking medical care
from the Federal Government, and that 2,800,000 veterans will receive compensation for
service-related conditions.
B. The Department of Veterans Affairs is authorized for appropriations for;
(1) Compensation and pension programs.
(2) Vocational rehabilitation and educational assistance programs.
(3) Veterans' housing loan programs.
(4) Veterans' and service members' life insurance programs.
(5) Outreach programs and other veterans' services programs
(6) over 10,000 beds for homeless veterans
C. On November 9, 2004, then Secretary of Veterans Affairs, Anthony J. Principi, stated,
Commitment to the Department of Veteran‘s Affairs (VA) that has 230,000 employees,
has led to an unprecedented increases in budget from $48 billion when the President took
office to $65 billion today, The increase allowed the VA to treat 1 million more veterans,
and reduce the enormous backlog of claims for disability compensation and other
benefits.
D. Census 2000 counted 208.1 million civilians 18 and older in the United States.1
Within this population, approximately 26.4 million or 12.7 percent were veterans.
Fig. 1.11: 26.4 Million Veterans, 2000
1. 1.6 million are women
2. 9.7 million are over the age of 65
3. 57.4 is the median age of veterans
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4. 2.6 million black veterans
5. 1.1 million Hispanic
6. 284,000 Asian
7. 196,000 Native American
8. the poverty rate for veterans is 5.6% opposed to 10.9% for the general populace
9. 3 in 10 have disabilities
10. $67.7 billion in budget authority for fiscal year 2005, an increase in budget
authority of $5.6 billion over the current fiscal year
11. $36.5 billion is the aggregate sum veterans benefits
12. $32.5 billion is invested in Veterans health care.
13. The largest percentage, 31.7%, were enlisted in the Vietnam era and disability
ranges from 16.3% for soldiers from the 1990 Gulf War to Present to 45.2% for
World War II vets.
Fig. 1.12: Number of Veterans by War, 2004
Number of Veterans August 1990 or later (including Gulf War) . . . . 3,024,503
September 1980 to July 1990. . . . . . . . . . . . . . . 3,806,602
May 1975 to August 1980 . . . . . . . . . . . . . . . . . . 2,775,492
Vietnam era (August 1964 to April 1975) . . . . . 8,380,356
February 1955 to July 1964 . . . . . . . . . . . . . . . . 4,355,323
Korean War (June 1950 to January 1955) . . . . 4,045,521
World War II (September 1940 to July 1947) . 5,719,898
The oldest WWI Veteran passed away in April 2011
F. In accordance with the entry requirements of the United States Armed Forces
Retirement Home 24USC(10)§412(a)(3) and the thresholds for Veterans Benefits under
38USC§1521(j) when US soldiers serves 90 days in a war, or hostile fire in any declared
or undeclared military action he or she become eligible under 37USC§310 for retirement
benefits usually reserved for people who served 20 years or more in active service. In no
occasions shall a reservist be required to serve more than 1 year of active duty in a theatre
of war and two to six months is recommended unless the recruit can assimilate the local
language and culture and wishes to continue receiving hazardous duty pay.
1. Veterans pensions are between $3,000 and $6,000 a year under 38USC§1521(j). They
are intended to supplement income from employment and other pension programs,
primarily Social Security Disability insurance under 42USC(7)§423 and Retirement
insurance under 42USC(7)§402 for which a special calculation system is set forth in
42USC(7)§429. Veteran‘s health benefits tend to be adequate whereas Veterans
Hospitals deliver health care for free or by deduction from benefits while the veteran is
hospitalized.
2. Veterans are due equal access to justice and attorney‘s fees in Scarborough v. Principi
Secretary of Veteran’s Affairs No. 02-1657 (2004) and Shinseki v. Sanders No. 07-1209
(2009) held the harmless-error framework dependant upon the service of a notice
regarding what further information is necessary. It should not be difficult for a free
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person be pardoned by the President for the purpose of granting the Veteran‘s benefits he
or she would otherwise not be allowed.
3. The GI Bill offers 1 ½ college tuition for every month served in a war on the condition
that they remain registered with the Selective Reserves and offers $400 a month per
approved class under 38USC§7653. On November 9, 2004 the Secretary Principi, stated,
―GI Bill benefits had gone from $600 per month to over $1,000 per month for four year
college education or to pursue some other training program‖.
§13 US Army Corp of Engineers
A. The US Army Corp of Engineers is made up of approximately 34,600 Civilian and
650 military members. The mission is to provide quality, responsive engineering services
to the nation including: (1) Planning, designing, building and operating water resources
and other civil works projects (Navigation, Flood Control, Environmental Protection,
Disaster Response, etc.) (2) Designing and managing the construction of military
facilities for the Army and Air Force. (Military Construction) (3) Providing design and
construction management support for other Defense and federal agencies. (Interagency
and International Services)
B. The history of United States Army engineers can be traced back to June 16, 1775,
when the Continental Congress organized an army with a chief engineer and two
assistants. It was not until 1802 that Congress reestablished a separate Corps of
Engineers. In 1824, the Supreme Court ruled in Gibbons v. Ogden that federal authority
covered interstate commerce including riverine navigation. Shortly thereafter, Congress
passed the General Survey Act authorizing the president to have surveys made of routes
for roads and canals "of national importance, in a commercial or military point of view,
or necessary for the transportation of public mail."
C. Although the Corps is primarily an engineering and construction organization,
historically it has been committed to research and development. As the Cold War waned,
the Corps became involved in a number of military contingencies and humanitarian
assistance operations. Maintaining the nation's public works is an imperative.
1. Environmental issues are the chief public works challenges. Infrastructure
development no longer automatically means large construction and maintenance
operations. It means developing management techniques, new approaches, and new
technology to use our resources more efficiently and to reduce resource depletion. It
means eliminating or reducing contaminants, such as radioactive wastes, toxic and solid
wastes, and non-point source pollutants of our surface and groundwater. Finally, it
involves working with other agencies and organizations to develop effective responses to
ecological crises such as oil spills, drought, and fire. In all these areas, the Corps began
developing expertise a century or more ago. Clearly, the Corps' historical strengths in
program management, engineering design, research and development, and construction
will prove invaluable as the agency readies to meet the challenges of the 21st century.
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§14 BRAC Commission
A. The Base Closure and Realignment Commission Report is required under Public Law
101-510 to make recommendations to increase combat effectiveness and support force
transformation to address new threats, strategies, and force protection concerns. BRAC
consolidates business oriented support functions, promotes joint and multi service basing
while providing significant savings. The domestic base closure process was designed to
render objective and fair military judgment HA-10-6-05
.
B. The 2005 Base Realignment and Closure Commission's recommendations for
reshaping the Defense Department's infrastructure and force structure officially took
effect at 12:01 a.m. after Congress allowed them to pass into law at the mandated Nov. 8
deadline. The nine-member BRAC panel delivered its final report to President Bush
Sept. 8, and he, in turn, sent it to Congress for legislative review Sept. 15. Congress had
45 legislative days, until Nov. 9, to accept or reject the report in its entirety. However, it
was not authorized to make any changes to the final report.
C. By statute, the Defense Department now has until Sept. 15, 2007, two years from the
date President Bush sent Congress the BRAC commission's final report, to begin closing
and realigning the installations as called for in the report. The process must be completed
by Sept. 15, 2011.
D. The 2005 BRAC recommendations represent the most aggressive BRAC ever
proposed, affecting more than 800 installations, officials said.
1. Five percent of plant replacement value will be reduced;
2. About 12 million square feet of leased space will be vacated for more secure,
functionally enhanced facilities;
3. About 18,000 civilian support positions will be eliminated; and
4. At the 6-year point in implementation, the Department will begin to realize annual net
savings of over $5 billion from BRAC 2005 actions, in addition to about $7 billion from
previous BRAC rounds it is hoped this strategy will save $50 billion by 2015.
E. The four previous BRAC rounds -- in 1988, 1991, 1993 and 1995 - resulted in 97
major closures, 55 major realignments and 235 minor actions, according to DoD figures.
Overall, closing and realigning these installations saved taxpayers around $18 billion
though fiscal 2001 and a further $7 billion per year since.
F. BRAC is starting to hold alternating international rounds. Global Security report on
US Military Facilities holds: The Overseas Military Facility and Range Structure Review
Act of 2003 established the Commission on the Review of the Overseas Military Facility
and Range Structure of the United States to: (1) study matters relating to the military
facility and range structure of the United States overseas; and (2) report review results to
the President and Congress, including a proposal for an overseas basing strategy to meet
current and future DOD mission requirements.
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1. Final Selection Criteria for Closing and Realigning Military Installations Inside the
United States. [Federal Register: February 12, 2004 (Volume 69, Number 29)] stated that
Public Law 101-510 directs DoD to evaluate all installations equally.
Art. 5 Military Justice
§15 Judge Advocate General
A. The Judge Advocate General (JAG) supervises all legal actions by the US military.
By the Act of May 5, 1950, Congress required the Judge Advocate General be a lawyer.
Each Judge Advocate General of any service is required to be a member of the bar with
not less than eight years of legal duties as a commissioned officer under 10USC§806.
ART. 6. of Uniform Code of Military Justice (UCMJ) states, the assignment for duty of
judge advocates of the Army, Navy, Air Force, and Coast Guard shall be made upon the
recommendation of the Judge Advocate General of the armed force of which they are
members. All cases are subject to review by judge advocates under regulations issued by
each service. After such review, the Judge Advocate General may refer a case to the
appropriate Court of Criminal Appeals review the cases for legal error, factual
sufficiency, and sentence appropriateness under §862 Art. 62 of the UCMJ.
B. The legal system of the military departments is diverse and is primarily organized as
follows:
1. DOD - Office of the General Counsel in accordance with DOD
Directives/Instructions/Pubs
2. Air Force JAG in accordance with Air Force Regs/Pamphlets/Instructions
3. Army JAG in accordance with Army Regs/Pamphlets/MCM and Field Manuals
4. Coast Guard, Chief Counsel
5. Marine Corps, SJA to the Commandant in accordance with Marine Corps Publications
6. Navy JAG in accordance with Navy Directives/U.S. Navy Regulations, Navy JAG &
CNLSC Instructions
C. Courts-Martial are conducted in all places pursuant to both the Uniform Code of
Military Justice (UCMJ) and the Manual for Courts-Martial in cases that exceed the
limits of commanding officer‘s non-judicial punishment under Art. 15 UCMJ
10USC(A)II(47)III§815 upon officers and personnel of his command—
1. Restriction to certain specified limits, with or without suspension from duty, for not
more than 30 consecutive days;
2. If imposed by an officer exercising general court-martial jurisdiction or an officer of
general or flag rank in command—
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a. Arrest in quarters for not more than 30 consecutive days;
b. Forfeiture of not more than one-half of one month‘s pay per month for two
months;
c. Restriction to certain specified limits, with or without suspension from duty, for
not more than 60 consecutive days;
d. Detention of not more than one-half of one month‘s pay per month for three
months.
3.Both commanding officers and courts shall pay a determined percentage of all fines and
forfeitures to the Armed Forces Retirement Home Trust Fund under 24USC(10)§419.
D. Under Art. 16 of the UCMJ the three kinds of courts-martial in each of the armed
forces are—
1.General courts-martial, consists of—
a. A military judge and not less than five members or, in a case in which the
accused may be sentenced to a penalty of death, the number of members
determined under article 25a; 810USC(A)II(47)V§825a
b. Only a military judge, if before the court is assembled the accused, knowing the
identity of the military judge and after consultation with defense counsel, requests
orally on the record or in writing a court composed only of a military judge and
the military judge approves.
2. Special courts-martial, consists of—
a. Not less than three members; or
b. A military judge and not less than three members; or
c. Only a military judge, if one has been detailed to the court, and the accused so
requests.
3. Summary courts-martial, consisting of one commissioned officer.
§16 Court of Appeals for the Armed Forces
A. The US Court of Appeals for the Armed Forces exercises worldwide appellate
jurisdiction over members of the armed forces on active duty and other persons subject to
the Uniform Code of Military Justice.
1. The Court is composed of five civilian judges appointed for 15-year terms by the
President with the advice and consent of the Senate.
2. Cases on the Court‘s docket address a broad range of legal issues, including
constitutional law, criminal law, evidence, criminal procedure, ethics, administrative law,
and national security law. Decisions by the Court are subject to direct review by the
Supreme Court of the United States.
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B. A service member who has received an adverse decision by a Court of Criminal
Appeals typically will receive an accompanying notice of the opportunity to submit a
petition for review of that decision within 60 days to the U.S. Court of Appeals for the
Armed Forces.
C. There are four appellate courts to review courts martial under 10USC(47)§866 Art. 66:
1. Air Force Court of Criminal Appeals,
2. Army Court of Criminal Appeals,
3. Coast Guard Court of Criminal Appeals,
4. Navy-Marine Corps Court of Criminal Appeals -- 2000-2003 opinions,
C. Since October 31, 1952, the Court has been located in Judiciary Square in the federal
courthouse at 450 E Street, N.W., Washington, D.C. 20442-0001. The courthouse, listed
on the National Register of Historic Places, was erected in l9l0, and was formerly the
home of the United States Court of Appeals for the District of Columbia Circuit. Persons
interested in visiting the courthouse should contact the Clerk of the Court. Over 32,000
attorneys have been admitted to practice since the Court was established in 1951.
§17 Armed Services Board of Contract Appeals
A.Armed Services Board of Contract Appeals is designated as the authorized
representative of the Secretary of Defense, the Secretary of the Army, the Secretary of the
Navy and the Secretary of the Air Force, in hearing, considering and determining appeals
by contractors from decisions of contracting officers or their authorized representatives or
other authorities on disputed questions under the Charter approved 1 May 1962
B. These appeals may be taken (a) pursuant to the Contract Disputes Act of 1978
41USC§601, et seq, (b) pursuant to the Equal Access to Justice Act 5USC§504 that
ensures reasonable expenses of expert witnesses will be met for the reasonable cost of
any study, analysis, engineering report, test, or project which is found by the agency to be
necessary for the preparation of the party's case.
1. For practical purposes related to eliminating corruption in Department of Defense and
war or armed forces related government contracts, not exclusively the jurisdiction of the
Board of Contract Appeals, yet definitely within its competence, is Termination of War
Contracts under 41USC(2)§101(f) to prevent improper payments and to detect and
prosecute fraud.
C. The Board may determine contract disputes for other departments and agencies by
agreement. The Board shall operate under general policies established or approved by the
Under Secretary of Defense (Research and Engineering).
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1. The Chairman shall be responsible for the internal organization of the Board and for its
administration.
2. Membership of the Board shall consist of attorneys at law who have been qualified in
the manner prescribed by the Contract Disputes Act of 1978.
3. Members of the Board are designated Administrative Judges.
§18 Court of Appeals for Veterans Claims
A.The Court of Appeals for Veterans Claims was created under Article I of the
Constitution by the Veterans' Judicial Review Act (Pub.L. No. 100-687) on November
18, 1988. Originally named the United States Court of Veterans Appeals, its name was
changed effective March 1, 1999, by the Veterans' Programs Enhancement Act of 1998
(Pub.L. No. 105-368). The Court's seven judges are appointed by the President, and
confirmed by the Senate, for 15 year terms. The law that created the Court is in chapter
72 of title 38, United States Code.
B. The Court's Rules of Practice and Procedure govern its procedures. The Court does
not hold trials, hear witness testimony, or receive new evidence. In deciding a case, it
considers the BVA decision, the briefs submitted by the parties, and the record that was
considered by VA and was available to the BVA. If the issues warrant, the Court holds
oral argument. Only about 1% of decided cases involve oral argument. The Court holds
most arguments in its Washington courtroom, but sometimes conducts argument by
telephone conference call.
C. Either party may appeal from a decision of the Court to the U.S. Court of Appeals for
the Federal Circuit and, thereafter, may seek review in the Supreme Court of the United
States. The Court's precedential opinions are published in West's Veterans Appeals
Reporter. The Court's address is 625 Indiana Avenue, NW, Suite 900, Washington, D.C.
20004-2950.
§18a No Killing
A. Murder is the unlawful killing of a human being with malice aforethought. Every
murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate,
malicious, and premeditated killing; or committed in the perpetration of, or attempt to
perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage,
aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated
as part of a pattern or practice of assault or torture against a child or children; or
perpetrated from a premeditated design unlawfully and maliciously to effect the death of
any human being other than him who is killed, is murder in the first degree. Any other
murder is murder in the second degree under 18USCI(51)§1111.
1.Nothing shall impair the right of individual or collective self-defense. It is a well
established principle that the use of force is acceptable only when that use of force was
110
directly and proportionally aimed against an armed attack under Art. 51 of the UN
Charter.
2. Under Hague Convention III Relative to the Opening of Hostilities of October 18,
1907 hostilities must not commence without previous and explicit warning, in the form
either of a reasoned declaration of war or of an ultimatum with conditional declaration of
war.
3. Under Art. 22 of the Hague Convention IV Respecting the Laws and Customs of War
on Land of October 18, 1907 the right of belligerents to adopt means of injuring the
enemy is not unlimited. Under Art. 23 it is especially forbidden -
a. To employ poison or poisoned weapons;
b. To kill or wound treacherously individuals belonging to the hostile nation or army;
c. To kill or wound an enemy who, having laid down his arms, or having no longer means
of defense, has surrendered at discretion;
d. To declare that no quarter will be given;
e. To employ arms, projectiles, or material calculated to cause unnecessary suffering;
f. To make improper use of a flag of truce, of the national flag or of the military insignia
and uniform of the enemy, as well as the distinctive badges of the Geneva Convention;
g. To destroy or seize the enemy's property, unless such destruction or seizure be
imperatively demanded by the necessities of war;
h. To declare abolished, suspended, or inadmissible in a court of law the rights and
actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel
the nationals of the hostile party to take part in the operations of war directed against their
own country, even if they were in the belligerent's service before the commencement of
the war
B. Common Art. 3 of the Geneva Conventions prohibits a. Violence to life and person, in
particular murder of all kinds, mutilation, cruel treatment and torture; and d. The passing
of sentences and the carrying out of executions without previous judgment pronounced
by a regularly constituted court, affording all the judicial guarantees which are
recognized as indispensable by civilized peoples. It is prohibited to give the order to kill
all combatants including those who have surrendered or are, ―out of the fight‖, hors de
combat. In war combatants and non-combatants must be distinguished wherefore
soldiers wear identifiable uniforms. Under Art. 51 of the Protocol Additional to the
Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts (Protocol I) of 8 June 1977 Protection of the Civilian
Population
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1. The civilian population and individual civilians shall enjoy general protection against
dangers arising from military operations. To give effect to this protection, the following
rules, which are additional to other applicable rules of international law, shall be
observed in circumstances.
2. The civilian population as such, as well as individual civilians, shall not be the object
of attack. Acts or threats of violence the primary purpose of which is to spread terror
among the civilian population are prohibited.
3. Civilians shall enjoy protection unless and for such time as they take a direct part in
hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
(a) Those which are not directed at a specific military objective;
(b) Those which employ a method or means of combat which cannot be directed at a
specific military objective; or
(c) Those which employ a method or means of combat the effects of which cannot be
limited as required by this Protocol; and consequently, in each such case, are of a nature
to strike military objectives and civilians or civilian objects without distinction.
5. Among others, the following types of attacks are to be considered as indiscriminate:
(a) An attack by bombardment by any methods or means which treats as a single military
objective a number of clearly separated and distinct military objectives located in a city,
town, village or other area containing a similar concentration of civilians or civilian
objects; and
(b) An attack which may be expected to cause incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a combination thereof, which would be excessive
in relation to the concrete and direct military advantage anticipated.
6. Attacks against the civilian population or civilians by way of reprisals are prohibited.
7. The presence or movements of the civilian population or individual civilians shall not
be used to render certain points or areas immune from military operations, in particular in
attempts to shield military objectives from attacks or to shield, favour or impede military
operations. The Parties to the conflict shall not direct the movement of the civilian
C. A person has a right to individual and collective self-defense. Although tolerated in
certain circumstances where the defendants have been afforded all their due process
rights, it is doubtful that the death penalty is an expression of collective self-defense by
the judiciary and tends instead to indicate whether or not the judiciary is an extra-prolific
killer. It is an aggravating circumstance that a person already rendered harmless by
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incarceration be killed. The Military has not executed anybody since the death penalty
was reinstated.
1. In the US the death penalty was abolished in Furman v. Georgia 408 U.S. 238 (1972)
when it was ruled that the then existing laws governing the use of capital punishment in
the USA were unconstitutional. This decision however failed to sway the legislature and
the deviant practice was begun again in 1976 and must again be abolished. The US
executed juveniles in violation to Art. 6(5) of the International Covenant on Civil and
Political Rights 2200A (XXI) 1966 until Roper v. Simmons No. 03-633 of March 1, 2005
assured that people convicted of crimes committed while juveniles have the right to life.
2. As of 6 Dec. 2005 1002 prisoners had been executed in the USA since the death
penalty was reinstated. The US must ratify the Second Optional Protocol to the
International Covenant on Civil and Political Rights aiming at the abolition of the death
penalty of 15 December 1989 to end the barbaric practice of human sacrifice, and remove
offensive sentences of death from the statute and from practices of law.
3. The International Court of Justice has held numerous trials with mixed success.
Having been materially disobeyed by the Arizona Governor, who received the notice in
time to reject the opinion of the Court in Provisional Order No. 104 of March 3, 1999,
that ordered clemency for German citizen, Walter LaGrand, the day scheduled for his
execution, after his brother Karl had been executed on February 24, 1999, the
International Court of Justice rendered Judgment No. 104 on June 27, 2001
D. The crime of Genocide under 18USC(50A)§1091 states,
Whoever, whether in time of peace or in time of war, with the specific intent to destroy,
in whole or in substantial part, a national, ethnic, racial, or religious group as such -
1.kills members of that group;
2. causes serious bodily injury to members of that group;
3. causes the permanent impairment of the mental faculties of members of the group
through drugs, torture, or similar techniques;
4. subjects the group to conditions of life that are intended
5. to cause the physical destruction of the group in whole or in part;
6. imposes measures intended to prevent births within the group; or
7. transfers by force children of the group to another group.
E. The Convention on the Prevention and Punishment of the Crime of Genocide of 12
January 1951. Having considered the declaration made by the General Assembly of the
United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime
under international law, contrary to the spirit and aims of the United Nations and
condemned by the civilized world. Recognizing that at all periods of history genocide
has inflicted great losses on humanity, and being convinced that, in order to liberate
mankind from such an odious scourge, Contracting Parties confirm that genocide,
whether committed in time of peace or in time of war, is a crime under international law
which they undertake to prevent and to punish. Conspiracy, incitement, attempt and
complicity to commit genocide are also crimes. People are to be tried by competent
tribunals. Parties may contract with the United Nations under Art. 8 and may file with
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the International Court of Justice under Art. 3 and 9. The militaries are responsible for
the prohibition of all killing and superiors can be held responsible for the murders under
their command if they do not take sufficient disciplinary action and compensate the
victims of the families and account for the civilian casualties of their actions under the
Draft Articles of State Responsibility for Internationally Wrongful Acts of 2001.
§18b No Terrorism or Treason
A. Treason is defined as whoever, owing allegiance to the United States, levies war
against them or adheres to their enemies, giving them aid and comfort has committed
treason under 18USC(115)§2381. Advocacy of the Overthrow of the Government by
force is prohibited under 18USC(115)§2385. It is generally brought into question
whether the excesses of hawks constitute treason whereas their levies for war conflict
with the legitimate national security interests of the nation. So as not to worry it is best to
Terminate War Contracts under 41USC(2)§101.
B. In Art. 2 Section 4 of the US Constitution the President, Vice President and all civil
officers of the United States, shall be removed from Office on Impeachment for, and
Conviction of Treason, Bribery or other high Crimes and Misdemeanors. Art. 3 Section
3 of the US Constitution explains treason against the United States, shall consist only of
levying War against them, or in adhering to their enemies, giving them Aid and Comfort.
C. ABC is a general principle of criminal law that summarizes the behavioral patterns
caused by treason in Title 18 US Code Chapters 113A Telemarketing Fraud, 113B
Terrorism and 113C Torture. The concept of ABC comes together in Chapter 113 that
relates to Stolen Property and treats upon Criminal Copyright Infringement §2319. To
explain the behavioral pattern of terrorist organizations and treasonous government
officials who need to steal because no one will support them, because they wish for
dictatorial war powers or because they wish to defend their loot violently. The National
Intelligence Strategy for the USA explains the struggle between rights and democracy
and the prevention of terrorism in the Transformation through Integration and Innovation
October 2005
1. Telemarketing fraud prohibits the annoying calls of telephone solicitors under §2325.
This law is not very applicable and should include all fraud. The International
Convention for the Suppression of Terrorist Finance of December 9, 1999 prohibits any
person(s) from directly or indirectly, unlawfully, and willfully providing or collecting
funds with the intention that they should be used, or in the knowledge that they are to be
used, to carry out an act that constitutes an offense under one of the nine treaties listed in
the annex. It shall not be necessary that the funds were actually used to carry out an
offense. It also prohibits any act intended to cause death or serious bodily injury to a
civilian, or to any other person not actively involved in a situation of armed conflict (that
debt collectors should not be involved in) when the purpose of such act is to intimidate a
population, or to compel a government or an international organization to either do, or to
abstain from doing a specific act.
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2. Terrorism is defined in the §2331 as involving violent acts or acts dangerous to human
life that appear to be intended - to intimidate or coerce a civilian population; to influence
the policy of a government by intimidation or coercion; or to affect the conduct of a
government by mass destruction, assassination, or kidnapping. Under §2332A the use of
weapons of mass destruction is also considered particularly terrorist. Under §2332f
whoever unlawfully delivers, places, discharges, or detonates an explosive or other lethal
device in, a place of public use, with the intent to cause death or serious bodily injury, or
extensive destruction, shall be punished. §2339C prohibits the financing of terrorism
when directly or indirectly, unlawfully and willfully provides or collects funds with the
intention that such funds be used for terrorist activity. The prohibition of the finance of
terrorist activities through the sanction regime of the treasury and freezing of assets are
the most used peaceful method for preventing and punishing acts of terrorism.
3. Torture is defined in §2340 as an act committed by a person acting under the color of
law specifically intended to inflict severe physical or mental pain or suffering upon
another person within his custody or physical control. The definition includes the
administration or application, or threatened administration or application, of mind-
altering substances or other procedures calculated to disrupt profoundly the senses or the
personality; the threat of imminent death; or the threat that another person will
imminently be subjected to death, severe physical pain or suffering. The victim of torture
is entitled to apply for a civil tort for financial compensation of pain and suffering and the
perpetrators are punished in accordance with §2340A.
§18c No Spying
A. The CIA writes the best atlas in the world. The CIA however claims to be a ―spy
agency‖ They must desist in spying and respect the real work they do for the international
economy. Since the Patriot Act invaded American privacy after 9-11 the Wall St. Journal
reports that corporations that previously received five requests by law enforcement
officers for confidential records a year were now receiving thousands. These officers
would often demand secrecy in violation of the law and it is important for corporations to
retain competent and trustworthy general counsel for the authoritive denial of these
requests with the ability to institute disciplinary action. To understand what is wrong
with spying and unlawful search and seizure one must not disregard the ever-present
danger of delivery of toxic substances. To stop the degradation of the economy and
public health it is usually a good idea to revoke security clearances and restore privacy
through confidentiality.
B. The Report of the ABA Task for on Domestic Surveillance in the War on Terrorism.
American Bar Association opposes any future electronic surveillance inside the United
States by any U.S. government agency, because it is not fair. Hospitals & Asylums
condemns wiretapping and spying in general as a crime that is prohibited as an intrusion
of reserves or violations of rules and regulation under 24USC(3)V§154 that states,
1. All persons who shall unlawfully intrude upon said reserve, or who shall without
permission appropriate any object therein or commit unauthorized injury or waste in any
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form whatever upon the lands or other public property therein, or who shall violate any of
the rules and regulations prescribed hereunder, shall, upon conviction, be fined in a sum
not more than $1,000, or be imprisoned for a period not more than twelve months, or
shall suffer both fine and imprisonment, in the discretion of the court.
C. First Amendment Privacy Protection protects people and associations from theses
unreasonable search and seizure unless there is reason to believe that such action is
necessary to prevent death or serious bodily injury under 42USC(21A)IA§2000aa(b)(2).
The third amendment to the US Constitution makes is clear that no soldier shall be
quartered, in time of peace or war, in any house, without the consent of the owner.
Wiretaps by the armed forces represent just such a intrusion that must be prevented
through the use of informed consent. Arguments do exist under constitutional law for
searches and seizures to be conducted upon warrants issued by a court upon probable
cause in the Fourth Amendment but this authority must not be abused by a politically
motivated judiciary.
D. The Interception and disclosure of wire, oral, or electronic communication is
prohibited under 18USC(119)§2511 whereby any person who intentionally intercepts,
endeavors to intercept, or procures any other person to intercept or endeavor to intercept,
any wire, oral, or electronic communication; is a first offense for the entitled to
appropriate injunctive relief; and a second or subsequent offense shall be subject to a
mandatory $500 civil fine for the Recovery of Civil Damages under §2520.
E. Unlawful access to stored communication is a crime under 18USC(121)§2701(1)(A)
whereby it is a crime to intentionally accesses without authorization a facility through
which an electronic communication service is provided; shall be punished if the offense
is committed for purposes of commercial advantage, malicious destruction or damage, or
private commercial gain, or in furtherance of any criminal or tortious act in violation of
the Constitution or laws of the United States or any State – a fine under this title or
imprisonment for not more than 5 years, or both.
1. Fraud and related activity in connection with computers 18USC(47)§1030 states any
person who suffers damage or loss by reason of someone who knowingly and with intent
to defraud, accesses a protected computer, by virtue of containing records or research for
a financial institution or government agency, without authorization, or exceeds authorized
access, and by means of such conduct furthers the intended fraud and obtains anything of
value, may maintain a civil action against the violator to obtain compensatory damages
and injunctive relief of a fine or imprisonment for not more than ten years.
F. Espionage and Censorship are elaborated upon in Title 18 Chapter 37 that sets forth
penalties for espionage but fails to explain the importance of censorship of the armed
forces and penal community to prevent seemingly innocuous information from being
used in the planning of military offensives. Authors and publishers are accordingly
directed to censure the armed forces and criminal elements, in the government and civil
society or suffer their work to be used as inspiration for crimes against humanity and be
responsible for reporting the leak of information to the authorities.
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1. The fundamental principle of detecting espionage is that whoever, for the purpose of
obtaining information respecting the national defense with intent or reason to believe that
the information is to be used to the injury shall be fined or imprisoned not more than ten
years, or both under 18USC(37)§793 or up to life under §794.
2. Disclosure of classified information occurs when someone knowingly and willfully
communicates, furnishes, transmits, or otherwise makes available to an unauthorized
person, or publishes, or uses in any manner prejudicial to the safety or interest of the
United States or for the benefit of any foreign government, or the military or penal
establishment, to the detriment of the United States any classified information concerning
the nature, preparation, or use of any code cipher, or cryptographic system of the United
States or any foreign government §798.
3. Agencies such as the National Aeronautical Space Administration also have in place
more reasonable laws to protect against the violation of regulations that would occur if
the protection or security of any laboratory or facility were willfully compromised
leading to fines and imprisonment up to a year under §799.
4. It is a defense of innocence that a person was robbed of their research and they
reported that loss to their superior, or did not know of, or could not prevent, the
unauthorized copying of information. Federal jurisdiction applies only if the person
committing the offense was an officer or employee of the United States at the time the
offense was committed.
G. Foreign Intelligence Surveillance Act of 1978 requires wiretaps to be obtained only by
court order under 50USC(36)I§1809. A person is guilty of an offense if he intentionally
engages in electronic surveillance under color of law; or discloses or uses information
obtained under color of law by electronic surveillance, knowing or having reason to know
that the information was obtained through electronic surveillance not authorized by
statute. It is a defense to a prosecution the defendant was a law enforcement or
investigative officer engaged in the course of his official duties and the electronic
surveillance was authorized by and conducted pursuant to a search warrant or court order
of a court of competent jurisdiction. An offense described in this section is punishable by
a fine of not more than $10,000 or imprisonment for not more than five years, or both.
There is Federal jurisdiction if the person committing the offense was an officer or
employee of the United States at the time the offense was committed.
§18d No Imperialism
A. It is a generally accepted principle of international law that no territorial acquisition by
the use of force shall be considered legal. Foreign military occupations are illegal. Since
the UN was founded in 1945 more than 80 nations whose peoples were under colonial
rule have joined the United Nations as sovereign independent states. Colonialism is now
rightly condemned as a form of exploitation of a foregone age however the unfair
domination of the developed world over the developing world continues to give rise to
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questions of alien subjugation. The only scenario where a foreign military occupation is
legal is when it is a peacekeeping mission authorized by the Security Council under
Chapter VII of the UN Charter. Although the United States has military bases scattered
throughout the world only in cases where violence or government overthrow occurs does
the question regarding the legality of the foreign military occupation come into question.
It is the policy of the United States not to militarily occupy the territory of a foreign state
or attempt to influence the policies of a foreign government through the use or threatened
use of force. In circumstances where a foreign military occupation is determined to have
occurred it is the policy of the United States to withdraw to the homeland without
establishing any permanent military bases in the foreign country.
1. Under the Declaration on the Granting of Independence to Colonial Countries and
Peoples 1514 (XV) A/4684 (1961) colonialism is found to prevent the development of
international economic co-operation, impedes the social, cultural and economic
development of dependent peoples and militates against the United Nations ideal of
universal peace. The subjection of peoples to alien subjugation, domination and
exploitation constitutes a denial of fundamental human rights, is contrary to the Charter
of the United Nations and is an impediment to the promotion of world peace and co-
operation. Inadequacy of political, economic, social or educational preparedness should
never serve as a pretext for delaying independence. All armed action or repressive
measures of all kinds directed against dependent peoples shall cease in order to enable
them to exercise peacefully and freely their right to complete independence, and the
integrity of their national territory shall be respected.
2. Permanent Sovereignty over Natural Resources, 1803 (XVII) A/5217 (1962) provides
the right of peoples and nations to permanent sovereignty over their natural wealth and
resources must be exercised in the interest of their national development and of the well-
being of the people of the State concerned. Nationalization shall be based on grounds or
reasons of national interest, which override private interests. In such cases the owner
shall be paid appropriate compensation. The free and beneficial exercise of the
sovereignty of peoples and nations over their natural resources must be furthered by the
mutual respect of States based on their sovereign equality. Violation of the rights of
peoples and nations to sovereignty over their natural wealth and resources is contrary to
the spirit and principles of the Charter of the United Nations.
B. “Persons struggling against colonialism” recognized in Art. 1 of the Declaration
on Territorial Asylum 2312 (XXII)(1967), must reaffirm their faith in
fundamental human rights, in the dignity and worth of the human person, in the
equal rights of men and women and of nations large and small and to promote
social progress and better standards of life in larger freedom, conscious of the
need for the creation of conditions of stability and well-being and peaceful and
friendly relations based on respect for the principles of equal rights and self-
determination of all peoples, and of universal respect for, and observance of,
human rights and fundamental freedoms for all without distinction as to race, sex,
language or religion, recognizing the passionate yearning for freedom in all
dependent peoples and the decisive role of such peoples in the attainment of their
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independence and recognizing that the peoples of the world ardently desire the
end of colonialism in all its manifestations the Declaration on the Granting of
Independence to Colonial Countries and Peoples 1514 (XV) A/4684 (1961)
provides,
1.The subjection of peoples to alien subjugation, domination and exploitation
constitutes a denial of fundamental human rights, is contrary to the Charter of the
United Nations and is an impediment to the promotion of world peace and co-
operation.
2. All peoples have the right to self-determination; by virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
development, fully enjoying Permanent Sovereignty over Natural Resources, 1803
(XVII) A/5217 (1962)
3. Inadequacy of political, economic, social or educational preparedness
should never serve as a pretext for delaying independence.
C. In his book Why Nuclear Disarmament Matter published by MIT Press in 2008 Hans
Blix, the UN Nuclear Inspector who found no prohibited weapons of mass destruction in
the Iraqi arsenal before the US assault on March 19, 2003, tells his story. The Cold War
lasted nearly 45 years. It would be wrong to say that no progress was made during this
period: trade and communications skyrocketed; science and technology leapt forward;
human rights became a universal global concern; scores of countries won their
independence; the gap between rich and poor countries became unacceptable; UN
organizations developed into instruments of global cooperation; and a fair amount of
arms control was achieved in spite of everything. However the threat of more than
50,000 nuclear warheads capable of destroying human civilization hung over the world.
The end of the Cold War raised hopes for a new era of global cooperation but after some
initial success we have been disappointed. The 1968 Nuclear Non Proliferation Treaty is
under strain, Libya and Iraq were found to be in violation and brought back into
observance and North Korea and Iran are not in compliance. Although reductions are
taking place in overstocked nuclear arsenals, these are still estimated to number some
27,000 weapons. Even worse, the commitments to further disarmament by nuclear
weapons states in 1995 are being ignored and the 2005 review of the NPT ended with
many non nuclear weapons states feeling as though they had been cheated. Meanwhile
about $1.3 trillion goes into the world‘s military expenses annually; about half of this
from the world‘s last remaining superpower, the United States.
1.In his book From the Shadows: The Ultimate Insider’s Story of Five Presidents and
How They Won the Cold War by Robert Gates, now Secretary of Defense, published by
Simon & Schuster, in 1996 recounts how human rights and the market economy
prevailed. The struggle between the Soviet Union and the United States was the greatest
armed contest the world had ever seen. The destructive power assembled dwarfed that of
any previous arms race or war. The rivalry pushed into every corner of the globe. It was
a struggle of irreconcilable ideas as well as arms, a competition of opposing philosophies
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rooted in no less a concept than the nature of man and the relationship between citizen
and government. While the two sides might coexist militarily, they could never do so
politically. Military power has four dimensions, quantitative – the numbers of men,
weapons, equipment and resources; technological – the effectiveness and sophistication
of weapons and equipment; organizational – the coherence, discipline, training and
morale of the troops and the effectiveness of command and control relationships; and
societal – the ability and willingness of the society to apply military force effectively.
The danger of nuclear apocalypse prevented all out war between the two principal
adversaries, either by strategic nuclear attack on each other‘s homeland or by war on the
soil of their respective allies in Europe. Thus the conflict was channeled into two arenas
(1) a strategic competition in which each side expanded the size of its strategic arsenal
exponentially even as it sought scientific breakthrough that would give it some usable
military advantage. (2) a struggle for political and economic influence and control in the
Third World, an area where direct military confrontation, and the associated risk of
global conflagration, could be avoided. Conflicts fought in the Third World were
notoriously ineffective and routinely failed to achieve the objectives of the first world
sponsors of terrorism and tended to undermine political progress.
2. Samuel P. Huntington‘s Clash of Civilizations and the Remaking of World Order
published by Simon & Schuster in 1996 explains that the concept of universal civilization
is a distinctive product of Western civilization. It is assumed that the collapse of Soviet
communism meant a universal victory of liberal democracy. Increased interaction among
people in trade, investment, tourism, media, electronic communication generally is
creating a common world culture. The War on Terror however shows the world is indeed
anarchical, rife with tribal, religious and nationality conflicts, and the conflicts remain
great dangers for stability between groups of states from different civilizations. One must
therefore take a new view of human history as the history of civilizations. It is
impossible to think of the development of humanity in any other terms. Throughout
history civilizations have provided the broadest identifications for people. As a result,
the causes, emergence, rise, interactions, achievements, decline and fall of civilizations
have been explored at length by distinguished historians, sociologists, and
anthropologists. While civilizations endure, they also evolve. They are dynamic; they
rise and they fall; they merge and divide; and as any student of history knows, they also
disappear and are buried in the sands of time, like the USSR. When civilizations first
emerge, their people are usually vigorous, dynamic, brutal, mobile and expansionist.
They are relatively uncivilized. As the civilization evolves it becomes more settled and
develops the techniques and skills that make it more civilized. As the competition among
its constituent elements tapers off and a universal state emerges, the civilization reaches
its highest level of civilization, its ―golden age‖ with a flowering of morality, art,
literature, philosophy, technology and martial, economic and political competence. As it
goes into decay, its level of civilization declines until it disappears under the onslaught of
a different surging civilization with a lower level of civilization. Sources of conflict in
international politics are:
a. relative influence in shaping global developments and the actions of global
international organizations such as the UN, IMF and World Bank
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b. relative military power, which manifests itself in controversies over non-
proliferation and arms control and in arms races;
c. economic power and welfare, manifested in disputes over trade, investment and
other issues
d. people, involving efforts by a state from one civilization to protect kinsmen in
another civilizations, to discriminate against people from another civilization, or
to exclude from its territory people from another civilization
e. values and culture, conflicts over which arise when a state attempts to promote or
to impose its values on the people of another civilization
f. occasionally, territory, in which core states become front line participants in fault
line conflicts.
3. A map of the post Cold War derived from what is often called the ―realist‖ theory of
international relations reveals that according to this theory states are the primary, indeed,
the only important actors in world affairs, the relation among states is one of anarchy and
hence to insure their survival and security, states invariably attempt to maximize their
power. If one state sees another state increasing its power and thereby becoming a
potential threat, it attempts to protect its own security by strengthening its power and/or
by allying itself with other states. The interest and actions of the more or less 184 states
of the post-Cold War world can be predicted from these assumptions. Nation states are
and will remain the most important actors in world affairs, but their interests,
associations, and conflicts are increasingly shaped by cultural and civilizational factors.
The world is in some sense two, us and them, but the central distinction is between the
West as the hitherto dominant civilization and all the others, African, Islamic and
Oriental, who have recently overthrown the mantle of Western colonialism and now seek
their way forward. Africa is struggling with extreme poverty and internal strife. The
Islamic world is at odds with the infidels of the West and fundamentalists have used their
religion to justify terrorist attacks leading to retaliation against and overthrow of the
Islamic state sponsor by Western imperialist powers that set the stage for a war of
colonial occupation. The Orient is a story of steady economic progress and it is expected
that by the middle of the 21st century Asia will be the global economic and political
decision-maker for the democratic reason that the majority of the human population live
and works there and through hard work their per capita incomes have sufficiently caught
up with the West so that their total wealth will be greater.
D. The West obviously differs from all other civilizations that have ever existed in that it
has had an overwhelming impact on all other civilizations that have existed since 1500.
Western civilization gradually began to take shape between AD 370 and 750 through
mixing of elements of Classical, Semitic, Saracen and barbarian cultures. Its period of
gestation lasting from the middle of the eighth century to the end of the tenth century was
followed by movement, unusual among civilizations, back and forth between phases of
expansion and phases of conflict. In 1490 Western societies controlled most of the
European peninsula outside the Balkans or perhaps 1.5 million square miles out of a
global land area, apart from Antarctica of 52.5 million square miles. In the latter part of
the nineteenth century, renewed Western imperialism extended Western rule over almost
all of Africa, consolidated Western control in the Subcontinent and elsewhere in Asia,
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and by the early twentieth century subjected virtually the entire Middle East except
Turkey to direct or indirect Western control. Europeans or former European colonies, in
the Americas, controlled 35 percent of the Earth‘s land surface in 1800, 67 percent in
1878 and 84 percent in 1914. By 1920 the percentage was still higher as the Ottoman
Empire was divided up among Britain, France and Italy. In 1800 the British Empire
consisted of 1.5 million square miles and 20 million people. By 1900 the Victorian
empire upon which the sun never set included 11 million square miles and 390 million
people. At the peak of its territorial expansion in 1920, the West directly rule about 25.5
million square miles or close to half of the earth‘s earth. By 1993 this territorial control
had been cut in half to about 12.7 million square miles. The West is back to its original
European core plus its spacious settler-populated lands in North America, Australia and
New Zealand.
1.The end of colonialism saw the territory of independent Islamic societies rise from 1.8
million square miles in 1920 to over 11 million square miles in 1993. The percentage of
Christians in the world peaked at about 30 percent in the 1980s, leveled off, is now
declining and will probably approximate about 25 percent of the world population by
2025. As a result of their extremely high rates of population growth, the proportion of
Muslims in the world will continue to increase dramatically, amounting to 20 percent of
the world‘s population about the turn of the century, surpassing the number of Christians
some years later, and probably accounting for about 30 percent of the world‘s population
by 2025.
"For the first time in history, we are no longer at the top: Muslims have overtaken us,"
Monsignor Vittorio Formenti said in an interview with the Vatican newspaper
L'Osservatore Romano. Formenti compiles the Vatican's yearbook. He said that Catholics
accounted for 17.4 percent of the world population — a stable percentage — while
Muslims were at 19.2 percent. "It is true that while Muslim families, as is well known,
continue to make a lot of children, Christian ones on the contrary tend to have fewer and
fewer‖.
2. His Royal Highness the Prince of Wales delivered a speech at the Sheldonian Theatre
in Oxford that is truly remarkable for its interfaith encouragement and vision. In one
excerpt from that great speech, he said:
―These two worlds, the Islamic and the Western, are at something of a crossroads in their
relations. We must not let them stand apart. I do not accept the argument that they are on
course to clash in a new era of antagonism. I am utterly convinced that our two worlds
have much to offer each other. We have much to do together. I am delighted that the
dialogue has begun, both in Britain and elsewhere. But we shall need to work harder to
understand each other, to drain out any poison between us, and to lay the ghost of
suspicion and fear. The further down that road we can travel, the better the world that we
shall create for our children and for future generations‖.
3. In his book The Road to Democracy in Iran published by MIT Press in 2008 Akbar
Ganji explains that Islam and the West have had a long, complicated and ambiguous
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relationship. Both sides have innumerable facets, and extensive interactions often
characterized by ignorance and confusion. To facilitate discussion four distinguishing
aspects between Islam and the West are introduced. First, the West is by and large
Christian however in modern society secularism is one of the most important
characteristics of the West. Islam is a religion and offers its followers an infallible map
of existence, a book of laws, and a balm for psychological and spiritual pain. Second, the
West was the birthplace of modernity and even now that it has spread throughout the
world modernity remains deeper and more expansive in the West. Islam began a gradual
decline against the West at the time of the Renaissance and is now in defensive mode, ie.
Less developed. Third, the West enjoys material superiority, economic relations,
production, distribution, consumption, agriculture, industry, transportation and
communication are all more developed in the West and Westerners enjoy a higher level
of material welfare and military might than peoples in rest of the world. Fourth, the West
respects, at least officially, human rights, liberalism, pluralism, tolerance and democracy.
5. The West must not use its material and civilizational dominance to consolidate its
cultural hegemony. The values of Western culture exert sufficient appeal that the West
need not use force to promote them. The West must cease using its military to advance
Western expansionism in the Muslim world. Such acts only diminish the moral standing
of the West. Democracy cannot be spread by bombs or missiles. In dealing the Muslim
world the West must avoid policies that betray a double standard, for instance, ignoring
Israel‘s nuclear bombs while insisting that Iran does not even have the right to enrich
uranium for nuclear power. Unconditional support for Israel coupled with indifference to
the plight of the Palestinian people is another example. If despotism and oppression are
bad they must be considered bad everywhere. For its part the Islamic world must cease
to define the West only through its conflict with Islam. Instead the Islamic world must
see itself as a partner in developing a new spiritual and moral world order. Together
Islam and the West must free themselves from the shackles of their historical memories.
They must not allow their future to be held hostage to a violent past.
6. A democratic political system must be the goal of every country. Religious and
political fundamentalism pose the biggest obstacles to this ideal. The precondition for
peace is tolerance and the precondition for tolerance is that the pious of all faiths must
accept religious pluralism and give up the conviction that their faith is superior. Jews,
Christians and Muslims must join forces and show that peace and brotherhood of all
faiths are the fundamental message of Abrahamic religions and strive to move religion
away from the power of the state. It is the common experience of pain that is the
foundation for human rights, any human being who has the capacity to suffer is entitled
to certain rights. At the top of the hierarchy of human rights stand the rights to well
being free of suffering and the autonomy to shape their own fate. It is in respect for
human rights that the way forward can be found.
§18e No Slavery
A. The Universal Declaration of Human Rights of 10 December 1948 states at Art. 4;
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―No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms‖.
The XIII Amendment to the US Constitution elaborates, ―Neither slavery nor involuntary
servitude except as a punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place subject to their jurisdiction‖.
B. The Slavery Convention signed at Geneva on 25 September 1926, and the Protocol
amending the Slavery Convention signed 23 October 1953, adopted the following
definitions: (1) Slavery is the status or condition of a person over whom any or all of the
powers attaching to the right of ownership are exercised. (2) The slave trade includes all
acts involved in the capture, acquisition or disposal of a person with intent to reduce him
to slavery; all acts involved in the acquisition of a slave with a view to selling or
exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view
to being sold or exchanged, and, in general, every act of trade or transport in slaves.
C. Anti-Slavery International estimates that in the world today there are some 20
million adults subjected to slavery or slave like treatment or punishment including
the 9,033,367 adult criminal detainees worldwide.
D. Seizure, Detention, Transportation or Sale of Slaves is prohibited. Whoever, landing
on any foreign shore seizes any person with intent to make that person a slave, or decoys,
or forcibly brings, carries, receives, confines, detains or transports any person as a slave
or attempts to sell any such person as a slave, transfers or delivers to any other vessel any
such person with intent to make such person a slave shall be subject to a fine or
imprisonment of not more than seven years, or both under 18USC(77)§1585
1. Taking Hostages is the seizure or detention of people accompanies with threats to kill,
to injure, or to continue to detain another person in order to compel a third person or a
governmental organization to do or abstain from doing any act as an explicit or implicit
condition for the release of the person detained, or attempts or conspires to do so, shall be
punished by imprisonment for any term of years or for life and, if the death of any person
results, shall be punished by death or life imprisonment 18USC(55)§1203.
2. No Right or Property Shall Exist in, or be Derived from Peonage and Slavery.
Any property, real or personal, used or intended to be used to commit or to facilitate the
commission of slavery or Any property, real or personal, which constitutes or is derived
from proceeds traceable to any violation of this chapter shall be subject to forfeiture to
the United States under 18USC(77)§1594
3. Unlawful Conduct with Respect to Documents in Furtherance of Trafficking, Peonage,
Slavery, Involuntary Servitude, or Forced Labor is prohibited. To protect against fraud,
whoever knowingly destroys, conceals, removes, confiscates, or possesses any actual or
purported passport or other immigration document, or any other actual or purported
government identification document, of another person to prevent or restrict or to attempt
to prevent or restrict, without lawful authority, the person's liberty to move or travel, in
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order to maintain the labor or services of that person, when the person is or has been a
victim of a severe form of trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000, shall be fined or imprisoned for not more
than 5 years, or both under 18USC(77)§1592.
E. January 2006 the United States was estimated to detain over 2.1 million prisoners with
a total population of 294 million this means we have the highest density of prisoners with
an estimated 724 per 100,000, 0.7%. Between 1980 and 2004 the prison population of the
United States of America has quadrupled from a healthy 225 per 100,000 in 1981 to 724
per 100,000 in 2004.
1. In 1981 there were only 503,586 prisoners 1,118,097 on probation and 220,438 for a
total of 1,842,100 people under some sort of criminal justice surveillance.
2. In 2004 there were 713,990 people in jail and 1,421,911 in prison for a total number of
adult criminal detainees of 2,135,901 the most in the entire world and 4,151,125 people
on probation and another 765,355 on Parole for a total of 6,996,500 under some form of
criminal justice surveillance.
F. Blakely v. Washington No. 02-1632 of June 24, 2004 eliminated sentencing guidelines
schemes and, 20 years of sentencing reform. It was ordered, ―In both legislative and
litigate practice Criminal sentences must be adjusted downward rather upward,
mandatory minimum schemes eliminated and acquittals the norm for most crimes where
there are significant mitigating factors‖.
G. The UN, "Declaration on the Protection of All Persons from Enforced
Disappearances" of 1992 states that "any act of enforced disappearance is an offence to
human dignity", which "places the persons subjected thereto outside the protection of the
law and inflicts severe suffering on them and their families. It constitutes a violation of
the rules of international law guaranteeing, the right to recognition as a person before the
law, the right to liberty and security of the person and the right not to be subjected to
torture and other cruel, inhuman or degrading treatment or punishment. It also violates or
constitutes a grave threat to the right to life". The Rome Statute of the International
Criminal Court defines the crime against humanity of "enforced disappearance of
persons" as "the arrest, detention or abduction of persons by, or with the authorization,
support or acquiescence of, a State or a political organization, followed by a refusal to
acknowledge that deprivation of freedom or to give information on the fate or
whereabouts of those persons, with the intention of removing them from the protection of
the law for a prolonged period of time." The UN Committee Against Torture has
determined that the uncertainty regarding the circumstances surrounding their loved ones‘
fate "causes the families of disappeared persons serious and continuous suffering".
H. Mandatory Restitution shall be issued by probation officers and trial attorneys who
shall obtain and include in their report, or in a separate report, information sufficient for a
restitution order under 18USC(77)§1593.
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1. The report shall include, to the extent practicable,
a. A complete accounting of the losses to each victim,
b. Any restitution owed pursuant to a plea agreement,
c. Information relating to the economic circumstances of each defendant.
2. Each defendant, shall plaintiff their own case, and shall prepare and file with the
probation officer an affidavit fully describing the financial resources of the defendant,
including a complete listing of all assets owned or controlled by the defendant as of the
date on which the defendant was arrested, the financial needs and earning ability of the
defendant and the defendant's dependents, and such other information pursuant to the
minimum wage and maximum working hours under the Fair Labor Standards Act of
1938 29USC Chapter 8
3. Under Art. 14(6) of the International Covenant on Civil and Political Rights of 23
March 1976, when a person has by a final decision been convicted of a criminal offence
and when subsequently his conviction has been reversed or he has been pardoned on the
ground that a new or newly discovered fact shows conclusively that there has been a
miscarriage of justice, the person who has suffered punishment as a result of such
conviction shall be compensated according to law, unless it is proved that the non-
disclosure of the unknown fact in time is wholly or partly attributable to him.
§18f No Torture or Biological Experimentation
A.Torture is defined in 18USC(113C)§2340 as an act committed by a person acting under
the color of law specifically intended to inflict severe physical or mental pain or suffering
upon another person within his custody or physical control. The definition includes the
administration or application, or threatened administration or application, of mind-
altering substances or other procedures calculated to disrupt profoundly the senses or the
personality; the threat of imminent death; or the threat that another person will
imminently be subjected to death, severe physical pain or suffering.
1.Under Art. 1(1) of the International Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment A/39/51 (19840 the term "torture" means any act by
which severe pain or suffering, whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed or is suspected of
having committed, or intimidating or coercing him or a third person, or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person
acting in an official capacity. It does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.
2. Each State Party shall take effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction. No exceptional
circumstances whatsoever, whether a state of war or a threat of war, internal political
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instability or any other public emergency, may be invoked as a justification of torture.
An order from a superior officer or a public authority may not be invoked as a
justification of torture. Each State Party shall ensure that all acts of torture are offences
under its criminal law. The same shall apply to an attempt to commit torture and to an act
by any person which constitutes complicity or participation in torture.
3. No State Party shall expel, return ("refouler") or extradite a person to another State
where there are substantial grounds for believing that he would be in danger of being
subjected to torture.
B. A victim of torture is entitled to apply for a civil tort for financial compensation for the
pain and suffering they have endured and so that lawful sanctions may be enforced
against the perpetrators. Under Art. 14 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment of 26 June 1987 the State shall
ensure in its legal system that the victim of an act of torture obtains redress and has an
enforceable right to fair and adequate compensation, including the means for as full
rehabilitation as possible. In the event of the death of the victim as a result of an act of
torture, his dependants shall be entitled to compensation.
1.As of 2009 the penalties for torture under 18USC(113C)§2340A provide for a fine
under this title or imprisoned not more than 20 years, or both, and if death results shall be
punished by death or imprisoned for any term of years or for life, however it contains a
loophole wherefore these penalties apply only to ―whoever outside the United States
commits or attempts to commit torture‖. Because of this flaw the United States Code
does not provide any criminal penalties against torturers within the geographic United
States. Furthermore 18USC(113C)§2340B pertaining to Exclusive Remedies provides
nothing shall preclude the responsibility of state or local laws nor does it create any
substantive or procedural rights. Previously the law provided for civil proceedings and
criminal penalties. Wherefore it is important to stress that torture is a war crime under
the Hague and Geneva Conventions and ―whoever inside or outside the United States
commits a war crime shall be fined or imprisoned to any term of years and if death
results, to life under 18USC(118)§2441.
2. It is extremely important that the American legal system be based on the civil tort. As
the result of the failure of the United States Government to pay reparations for the
execution of Mr. Medellin in contempt of the International Court of Justice‘s proceedings
of Avena and other Mexican Nationals v. United States of America the American
economy suffers from an official judicial insurrection under the Draft Articles of State
Responsibility for Internationally Wrongful Acts of 2001. When a person has been
injured or suffered loss or died as the result of police brutality, legal malpractice, the act
of a soldier, health professional, public official or government contractor that person
victimized or their estate must be compensated under the law and the perpetrator(s)
should be subjected to disciplinary proceedings namely suspension, firing, arrest and
detention.
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3. Failure to discipline torturers within positions of power can lead to widespread abuse
of human rights and epidemics of painful, disabling and deadly disease. However
important punishing the culprits might be it is the act of compensation that differentiates
between state responsibility and insurrection.
4. A fully functional legal system would in fact deal only in civil torts as they redress
tortuous misconduct. By compensating the individual torture victim the government puts
that person to good use disciplining tortuous misconduct in the ranks, who are either
insured for malpractice or provide for better governance as a defendant. No fee or
affidavit of indigency should be required because it is the state responsibility to reparate
for torture. Failure to reparate tends to result in severe consequences for the economy
and good governance when people are victimized with impunity or the torturers stay in
power to deliver their punishment to large sectors of the population for decades, ie. gap
between rich and poor. The failure to reparate is typically categorized as a tort of
negligence.
Art. 8 War History
§19 Indian Wars (1622-1888)
A.The United States of America was taken from the Native Americans over the course of
several centuries from 1607 to the 1890s when all the survivors were isolated in
reservations. Whereas American Indians resisted slavery and forced labor, not to
mention the census, an estimated 3 million African tribe people, whose population had
reached 7 million by the time of the Civil War, were shipped to the United States during
the Trans-Atlantic slave trade that killed an estimated 10 million in transit. Christopher
Columbus discovered the Americas in 1492 but mistaking the continent for Asia called
the natives, ―Indians‖, a misnomer that has struck over the centuries, long after his first
village of cruel colonials was slaughtered to a man, at La Navidad, Hispaniola. As the
white population grew the natives were pushed west. By 1838, when the highly civilized
and peaceful Cherokees were forced to leave their communities in a forced relocation
known as the Trail of Tears, a Permanent Frontier Line had been drawn along the
Mississippi. In the 1850s the California Gold Rush inspired a lot of cross country
migration and after the Civil War an organized military effort was made to subjugate the
native tribes who were by the 1890s contained to reservations.
B. When the English established their first permanent colony in Jamestown, Virginia in
1607, they were greeted by the natives who taught them to sow corn and tobacco.
Although the Indians were themselves fairly warlike with many rivalries and tribal feuds
the settlers coexisted more or less peacefully with the natives until Good Friday March
22, 1622 when unarmed natives seized colonial weapons and massacred 347 people, a
third of the entire colony. The colonists retaliated and there was continual conflict until
1632 after which time an uneasy peace was marred by numerous war parties from native
tribes and Pilgrims alike. After the Indian King Phillip war 1676-77 the French and
Indian Wars were fought between 1689 and 1763 under the shifting allegiance of the
natives to either the English or the French, the Spanish to the South and West were of
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lesser military concern. After decades of retaliation against raids by French and Indian
forces, war weary French King Louis XIV accepted the Treaty of Utrecht that ceded
Hudson Bay and Acadia to the English but left the bounds of France‘s Canadian empire
in doubt. During the American Revolutionary War the influential Iroquois tribes sided
with the British. With the French Revolution of 1789 French interests in the Americas
waned and as a show of good faith in 1803 Napoleonic Franc sold the Louisiana
territories, acquired from Spain in 1800, for $15 million. The War of 1812-15 ended
border disputes with Canada and limited American expansionism westward to the
Northwest Territory and Louisiana Purchase.
C. In 1814, during the War of 1812, Andrew Jackson forced the Treaty of Fort Jackson
on the warring North and South Creek Indians ceding twenty million acres in Alabama
and Georgia to the United States. In 1818, after Andrew Jackson retaliated against
Seminole villages for harboring fugitive slaves and making raids into the United States,
Spain ceded the State of Florida to the United States, that he was military governor of in
1821, before being nominated and elected 7th President of the United States 1829-37. For
the first decades of the 19th century the Cherokees lived in peace on forty thousand square
miles of rich land in the valley of the Tennessee. Their communities prospered: they had
ten sawmills, sixty smithys, eight cotton-weaving machines, eighteen schools, miles of
public roads, sturdy houses, a Constitution and their own newspaper, the Phoenix, that
was published in both English and Cherokee. In 1822 state politicians pressed Congress
to nullify Cherokee land titles in Georgia. The Cherokees resisted and were soon raided
by radical Georgians. Rather than move toward war, the Cherokees took their case to the
Supreme Court, which in 1832 ruled that the Indians had every right to their nation.
President Jackson, an Indian fighter from Tennessee, thought differently and three years
later the Georgians forced the Cherokee to sign a treaty selling their lands for $5 million.
16,000 Cherokee signed a petition but a removal deadline was set for May 23, 1838.
2,000 had already left, but 15,000 Cherokee were rounded up and put in concentration
camps and many fell ill before the grueling 1,200 mile march to Oklahoma, in which
4,000 died. The trek is remembered as the Trail of Tears.
D. The Permanent Frontier Line along the Mississippi didn‘t hold very long. In 1848, at
the end of Mexican War, gold was found in California, and in the following 4 decades 8
million people would make the voyage west, in the process destroying the Indian way of
life. The California Diggers went from 100,000 strong to 30,000, only 10% of life was
lost as the result of violence. United States Indian Agents attempted to protect the natives
from the pioneers and to control them by isolating them on reservations so there would be
land enough for everyone. While many Indians acceded to these conditions and accepted
handouts and pensions from the government others revolted and fought to maintain their
way of life. Some tribes were massacred for no good reason, others massacred settlers,
stagecoaches and fought US troops that entered the Wild West in full force after the Civil
War. The most famous battle of the Indian Wars was Custer‘s last stand at Little Big
Horn where his 7th Cavalry stumbled across an enormous gathering of Sioux and was
massacred. The most famous fighters were Sitting Bull of the Hunkpapa, Geronimo of
the Apache, Crazy Horse of the Ogala and many others. While many ―wars of
extermination‖ were fought locally between settlers and Indians, it was the near
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extinction of the buffalo that drove the proud Plains Indians onto the reservations once
and for all in 1890s, when the Indian wars are considered to have concluded.
E. Historical Native American population estimates are very difficult to locate. In
Census 2000, 4.3 million people, or 1.5 percent of the total U.S. population, reported that
they were American Indian and Alaska Native. This number included 2.4 million people,
or 1 percent, who reported only American Indian and Alaska Native as their race.
Although their land has been reduced to 66 million acres, on reservations, it is probable
that the Native American population in the United States is larger than ever. Wars were
far from the most devastating to the population. White man‘s alcohol and disease are far
more troubling to the crime of genocide. It can be estimated that 2/3 of the native
population were wiped out by diseases, most of it transmitted innocuously, ostensibly by
people who had gained immunity to the viruses by previous exposure and heredity,
although there are accounts of malevolent distributions of smallpox tainted blankets. A
great deal of the misery can be attributed to bad decisions made by Natives under the
influence of whiskey, while the white man became addicted to tobacco. At the height of
the Indian Wars between 1850 and 1890 official estimates of Indian battle deaths were
around 24,000 and unofficial estimates go as high 45,000 Indians and 24,000 whites.
Native Americans today suffer high rates of poverty and unhappiness although they do
receive some extra government assistance. Native Americans, like indigenous peoples
around the world, do not feel they have been adequately compensated for the loss of their
lands, and the genocide against their people.
§20 Revolutionary War (1775-1783)
A.The Revolutionary War (1775-1783) was the war of American independence from
colonial Britain. Starting in the 1760s King George III of Britain had imposed a number
of onerous and unpopular laws and taxes on the American colonies including the Sugar
Act and Currency Act of 1764; Stamp Act and Quartering Act of 1765, Tea Act of 1773
and 4 Intolerable Acts of 1774. In response to this ―taxation without representation‖
orators protested and many of the colonies wrote letters to Parliament and on December
17, 1773 a group of colonists dressed as Mohawk Indians threw three shiploads of tea
into the Boston harbor and later Boston harbor was sealed off to punish the rebellious
residents. In 1774 fifty-six delegates from twelve of the thirteen colonies met briefly in
Philadelphia for the First Continental Congress and drafted a Declaration of Rights and
Grievances ruling Parliament unconstitutional. The Second Continental Congress met on
May 10, 1775 and stayed in session for the remainder of the war, the Declaration of
Independence was ratified July 4, 1776 and the Articles of Confederation were ratified
March 1781 until 1789 when the Constitution went into effect. Although moderates first
sought conciliation, established the Continental Army in June of 1775, appointing
General George Washington Commander-in-chief and later first President of the United
States (1789-1797). There is no record of colonists attempting to trade with King George
III the abolition of slavery for their independence.
B. At the outset of the war the thirteen colonies lacked a professional army and navy.
Each colony provided for its own defenses and militia. Militiamen were lightly armed,
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slightly trained and usually did not have uniforms. Units usually served for only a few
weeks or months. At the beginning of 1776 Washington‘s army had an estimated 20,000
troops, two third in the Continental Army and the other third from state militias. By the
end of the eight year war 250,000 men had served as regulars or militiamen for the
Revolutionary cause, but there were not more than 90,000 men under arms at any given
time. An estimated 40-45% of the colonists actively supported the rebellion, 15-20%
remained loyal to the British, while 35-45% attempted to remain neutral. At least 25,000
Loyalists served with the British. In 1776 Parliament voted to raise an army of 55,000
men to crush the rebellion but the King‘s subjects did not rally to the cause and he was
reliant upon press gangs, judges and tavern keepers as recruiters and eventually some
30,000 German mercenaries were hired to fight the American war and from a global
strength of 30,000 men in 1775 by 1789 90,000 British troops were posted from Canada
to Florida. Throughout the war the British were able to use their naval superiority to
capture and occupy coastal towns but control of the countryside, where 90% of the
population lived, was elusive. The Americans suffered shortages of gunpowder and by
the end of 1776 90% of supplies for the Continental armies were imported, mostly from
France.
C. The opening battles began in Massachusetts where 4,000 British regulars held Boston
but the countryside was in the hands of the revolutionaries. On the night of April 18,
1775 the British sent 700 troops to seize colonial militia munitions at Concord. Riders,
including Paul Revere warned of the coming British and the resistance defeated them and
harried them back to Boston that was put under siege until March 1776 when Washington
brought several large cannons to bear on the city and the British were forced to withdraw.
Within weeks of the siege of Boston forces led by the famous traitor Benedict Arnold
took Fort Ticonderoga and besieged the City of Quebec until spring of 1776 delaying a
full scale British counter invasion until 1777. British troops withdrawing from Boston
assaulted New York and Washington brought 20,000 troops there to defend it against
22,000 British who pushed the Americans back to Brooklyn Heights in the largest battled
of the war, the British held New York for the remainder of the war. In 1777 the Saratoga
campaign of the British retook Fort Ticonderoga in June but surrendered after the second
battle of Saratoga, a turning point in the war. From New York the British moved to take
Philadelphia, the seat of the Continental Congress, that abandoned the city to the British
at the end of September. Washington camped 20 miles away that winter at Valley Forge
where 4,000 of 10,000 American soldiers died from cold and disease. That year of 1777
the northern colonies abolished slavery.
D. On February 7, 1778 France signed a Treaty of Alliance with the United States, Spain
entered the war as an ally of France in June 1779 and the Dutch in 1780. King George III
gave up hope of defeating the Americans was resolved to hold the cities he had captured
and to sack coastal towns indefinitely. The Royal Navy had over 100 ships of the line
and numerous frigates but they were in poor repair. The Americans had no ships of the
line and relied upon privateers to harass British shipping, nonetheless the Continental
Congress created a Continental Navy in October of 1775. Over the course of the war
American privateers had almost 1,700 ships and captured 2,283 enemy ships. Mostly
untouched in the beginning of the war late 1778 the British captured Savannah, Georgia
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and in 1780 Charleston. In 1781 the northern, southern and naval campaigns converged
at Yorktown, Virginia. In early September the French defeated a British fleet at the
Battle of the Chesapeake and cut of its escape, after several days of bombardment the
British surrendered on October 19, 1781. In April 1782 the Commons voted to end the
war in America. Preliminary peace articles were signed in Paris at the end of the
November, the formal end to the war did not occur until the Treaty of Paris of September
3, 1783 promising, ―a firm and perpetual peace‖ that the United States Congress of the
Confederation ratified on January 14, 1784. The last British troops left New York City
on November 25, 1783.
E. Approximately 25,000 American Revolutionaries died during active military service.
About 8,000 of these deaths were in battle, the other 17,000 deaths were from disease,
including 8,000-12,000 who died aboard prison ships in New York. The number of
revolutionaries seriously wounded or disabled is estimated at 8,500-25,000. About
171,000 sailors served with the British, about 25-50% had been pressed into service.
About 1,250 were killed in battled and 18,500 died from disease. About 42,000 British
sailors deserted during the war. Approximately 1,200 Germans were killed in battled and
6,354 died from accident or disease. About 16,000 of the remaining Germans returned
home but roughly 6,500 remained in the United States many becoming citizens. The
British spent about £80 million and ended with a national debt of £250 million, which it
easily financed at about £9.5 million a year in interest. The French spent 1.3 billion livres
(about £56 million). Their total national debt was £187 million, which they could not
easily finance; over half the French national revenue went to debt service in the 1780s.
The debt crisis became a major enabling factor of the French Revolution as the
government was unable to raise taxes without public approval. The United States spent
$37 million at the national level plus $114 million by the states. This was mostly covered
by loans from France and the Netherlands, loans from Americans, and issuance of an
increasing amount of paper money (which became "not worth a continental.") The U.S.
finally solved its debt and currency problems in the 1790s when Alexander Hamilton
spearheaded the establishment of the First Bank of the United States.
§21 War of 1812 (1812-1815)
A. The War of 1812 (1812-15) was fought between the United States and the British
Empire. It reaffirmed the independence of the American colonies and delineated the
Canadian border that was never again contested by the United States. There were several
causes for the war: first, a series of trade restriction intended to impede US trade with
France, with whom Britain was at war; second, the impressments, forced recruitment, of
US citizens into the Royal Navy; and third, the British military assistance to Native
American tribes who were resisting American expansion into the territory claimed by the
Northwest Ordinance of July 13, 1787. The United States declared war on Britain on June
18, 1812 by the smallest majority in Congress ever on a war vote. The war was fought in
four theatres: first, on the oceans, where warships and privateers on both sides preyed
upon merchant vessels; second along the Atlantic coast which was blockaded with
increasing severity by the British who also launched large scale raids later on in the war;
third, on the long frontier running along the Great Lakes and Saint Laurence River which
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separated the US from Upper and Lower Canada, Ontario and Quebec; and fourth, on the
coast of the Gulf of Mexico. Although both sides made raids on each others territories
neither side was successful and at the end of the war Britain held some parts of Maine
and some scattered outposts in the West and the US held some Canadian property north
of Detroit, but these occupied territories were returned after hostilities ended.
B. The United States Merchant Marine had nearly doubled in size between 1802 and
1810 and was the largest neutral fleet in the world, the 20 year old Navy however had
only 22 frigates. At the turn of the 19th century the United States fought several naval
wars. The Quasi War (1798-1800) was fought with France when the Napoleonic French
began seizing American ships in retaliation for the American cessation of paying their
war debts and their neutrality with Great Britain with whom France was at war, at least
315 US ships were taken in this conflict. The Barbary Wars (1801-05 & 1815) occurred
when the US refused to pay tribute to the North African Barbary states of the Ottoman
empire resulting in the US attacking their capitals the first war, the second war was
settled by the Dutch and British navies. Britain was the largest trading partner, receiving
80% of US cotton and 50% of all other US exports. During the Napoleonic wars the
British fleet expanded to 175 ships of the line and 600 ships overall, requiring 140,000
sailors. To win the Peninsular War with Spain the British had blockaded most of the
coast of Europe yet there were still 85 British ships in American waters. Unable to man
its fleets Britain had to resort to impressments. As many as 11,000 sailors in US service
were deserters. The Royal Navy went after them although the US felt they had a right to
US citizenship, also impressed other formerly British sailors and with the prevalence of
falsified documents also impressed American who had never been British. American
anger grew when British ships stationed themselves outside of US harbors and searched
ships for contraband and impressed sailors within sight of US shore. ―Free trade and
sailors rights‖ was a rallying cry throughout the conflict. The US fought the naval battle
cautiously and was under orders to ―engage the enemy only when victory was probable‖.
The blockade of American ports reduced exports from $130 million in 1807 to $7 million
in 1814.
C. American expansion into the Northwest Territories, the modern states of Ohio, Indian,
Michigan, Illinois and Wisconsin, was being obstructed by native leaders like Tecumseh,
supplied and encouraged by the British. President Madison thought the conquest of
Canada would be easy and at the beginning of the war the US had fewer than 12,000
regulars so Congress authorized the expansion of forces to 35,000 but enlistment was
unpopular and the officers untrained, at least at the beginning of the war. State militias
objected to serving outside of their states. Having disbanded their national bank the US
was having difficulty financing the war. The total number of British troops in Canada, at
the outbreak of war, was estimated to be 6,034 plus militia. For the first two years of the
war the British strategy was defensive and they gave up Upper Canada to defend Lower
Canada, in the final year of the war however, after the abdication of Napoleon, a large
number of soldiers became available and 15,000 were sent to the Americas. In 1812 US
forces captured Fort Detroit without a fight and burned Fort Dearborn, now Chicago, to
the ground. In 1813 Fort Meigs was besieged by the British and Tecumseh but held out
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while the US took control of Lake Erie and sacked York, now Toronto, but lost
Ogdenburg, New York.
D. In August 1814, in retaliation for the sacking of York, now Toronto, a force of 2,500
British soldiers entered the Chesapeake Bay and after routing the Americans marched
into Washington DC where they at the dinner that had been prepared for the President
before torching the White House. After a freak storm sent several tornadoes into town
and having burned all the public buildings the British moved on to capture Baltimore.
The British were repelled from Fort McHenry where Francis Scott Key was inspired to
write the ―Star Bangled Banner‖. On December 24, 1814, diplomats from the two
countries, meeting in Ghent, United Kingdom of the Netherlands (now in Belgium),
signed the Treaty of Ghent. This was ratified by the Americans on February 16, 1815.
Unaware of the peace, Andrew Jackson‘s forces moved to New Orleans, Louisiana in late
1814 to defend against a large-scale British invasion. Jackson defeated the British at the
Battle of New Orleans on January 8, 1815. The British gave up on New Orleans but
moved to attack the Gulf Coast port of Mobile, Alabama. In one of the last military
actions of the war, 1,000 British troops won the Battle of Fort Bowyer on February 12,
1815. When news of peace arrived the next day, they abandoned the fort and sailed home.
In May 1815, a band of British-allied Sauk, unaware that the war had ended months ago,
attacked a small band of U.S. soldiers northwest of St. Louis. Intermittent fighting,
primarily with the Sauk, continued in the Missouri Territory well into 1817, although it is
unknown if the Sauk were acting on their own or on behalf of Great Britain. Several un-
contacted warships continued fighting well into 1815 and were the last American forces
to take offensive action against the British.
E. British losses in the war were about 1,600 killed in action and 3,679 wounded; 3,321
British died from disease. American losses were 2,260 killed in action and 4,505
wounded. While the number of Americans who died from disease is not known, it is
estimated to have been about 17,000. These figures do not include deaths among
American or Canadian militia forces or losses among native tribes. In addition,
thousands of American slaves escaped to the British because of their offer of freedom, or
they just fled in the chaos of war. The British settled a few thousand of the newly freed
slaves in Nova Scotia. The Americans protested that the failure to return the slaves
violated the Treaty of Ghent; after arbitration by the Czar of Russia the British paid
$1,204,960, in damages to Washington, which reimbursed the slave-owners. A total of
1,554 vessels were claimed captured by all American naval and privateering vessels,
1300 of which were captured by privateers. However, insurer -Lloyd's of London
reported that only 1,175 British ships were taken, 373 of which were recaptured, for a
total loss of 802. The American war added some £25 million to the British national debt.
In the U.S., the cost was $105 million, although because the British pound was worth
considerably more than the dollar, the costs of the war to both sides were roughly equal.
The national debt rose from $45 million in 1812 to $127 million by the end of 1815,
although through discounts and paper money, the government received only $34 million
worth of specie. By this time, the British blockade of U.S. ports was having a detrimental
effect on the American economy. Licensed flour exports, which had been close to a
million barrels in 1812 and 1813, fell to 5,000 in 1814. The terms of the Treaty of Ghent
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stated that fighting between the United States and Britain would cease, all conquered
territory was to be returned to the prewar claimant.
§22 Mexican War (1846-1848)
A.The Mexican-American War was an armed conflict between the United States and
Mexico from 1846-48 in the wake of the 1845 US annexation of Texas. In Mexico the
war is referred to as the American Invasion in Mexico. As early as 1835 President
Andrew Jackson developed a passion to acquire all of Mexican territory north of the 37th
parallel. At the end of 1835 Texans drove Mexican forces across the Rio Grande but
February 23- March 6 1835 General Santa Anna besieged the Alamo Mission
slaughtering all but two of the defenders but several weeks later, reinforced by settlers
and American adventurers the Texans defeated the Mexican Army at Battle of San
Jacinto of April 21, 1835. While General Santa Anna was held in captivity the Texans
forced him to sign several document later named the Treaties of Velasco of May 14, 1836
that concluded hostilities and recognized the independence of the breakaway Republic,
but it was never signed by Mexico. In the years after 1836, Texas consolidated its status
as an independent republic by establishing diplomatic ties with Britain, France, and the
United States. Most Texans were in favor of annexation by the United States, but U.S.
President Martin Van Buren rejected it. Under U.S. President John Tyler, Texas was
offered admission to the Union as a state via, controversially, a joint resolution of
Congress rather than a treaty. The bill was signed into law on March 1, 1845 by
President James K. Polk. It was ratified by Texas on July 4. Texas became the 28th state
on December 29. The Mexican government had long warned the United States that
annexation would mean war.
B. Because the Mexican congress never recognized Texas' independence, it saw Texas as
a rebellious territory that would be retaken in the future. When Texas was granted
statehood in 1845, the Mexican government broke diplomatic relations with the United
States. On November 10, 1845, Polk sent a secret representative, to Mexico City with an
offer of $25 million ($613,653,846 today) for the Rio Grande border in Texas and
Mexico‘s provinces of Alta California and Santa Fe de Nuevo México as well as the
forgiveness of the $3 million ($73,638,462 today) owed to U.S. citizens for damages
caused by the Mexican War of Independence (1810-21). Mexico was in no position to
negotiate. In 1846 the Presidency had changed four times, the war ministry six times and
the finance ministry sixteen times. However public opinion was that selling territories to
the United States would tarnish Mexican honor, Mexicans who opposed open conflict
with the United States, including the President, were accused of being traitors. Polk
ordered General Taylor to cross to the Rio Grande although Mexico claimed the border
was at the Nueces River. In the Thornton affair a 63 man US patrol was routed by a
6,000 Mexican detachment. Polk believed this constituted casus belli and on May 11,
1846, with the strong support of Southern Democrats passed a declaration of war,
opposed by anti-slavery Whigs. Congress declared war on Mexico on May 13, 1846 after
only having a few hours to debate. Although President Paredes issued a manifesto on
May 23 that is sometimes considered the declaration of war, Mexico officially declared
war by Congress on July 7, 1846.
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C. Having been exiled, upon hearing that the US had declared war on Mexico, Santa
Anna wrote the Mexican President that he had given up aspirations to the Presidency and
would like to use his experience fighting off Americans. Santa Anna promised the
Americans he would negotiate for peace and cessation of the territories to the US, but
once in Mexico City he reneged and assumed the role of commanding general, and then
reneged again and seized the Presidency. The opening hostilities began on May 8, 1846
when Mexican artillery opened fire on Fort Texas but Americans using cavalry ―flying
artillery‖ demoralized the opponent and after capturing their artillery the Mexicans
retreated. As soon as they heard of the declaration of war, on June 15, 1886 American
settlers instigated the Bear Flag Revolt that overthrew the Mexican garrison in Sonoma
that was reinforced by American troops and by January 12, the last significant body of
Californios surrendered to U.S. forces. The Treaty of Cahuenga was signed the next day,
on January 13, 1847, ceding Alto California to the United States. In Mexico, US General
Taylor, with 2,700 troops fighting disease, quickly seized the cities of Monterrey and
Saltillo. On February 22, 1847 Santa Anna marched north to engage the 4,600 US
soldiers with 20,000 men, less 5,000 who deserted on the way, but facing opposition and
hearing news of unrest in Mexico City withdrew leaving all of Northern Mexico in the
hands of the Americans. Polk was unhappy with Taylor and sent an amphibious assault of
12,000 US soldiers led by General Scott and such future heroes as Robert E. Lee, Ulysses
S. Grant and Thomas ―Stonewall‖ Jackson to the siege of Veracruz. Veracruz fell
swiftly, although many troops came down with yellow fever, and Scott marched on
Mexico City with 8,500 healthy soldiers. Santa Anna had deployed 12,000 troops on the
road he expected the Americans to take but was deceived and fired too soon. In May the
Americans pushed through to Puebla, the second largest city that capitulated without a
fight because of their hatred of Santa Anna on May 1, after the Battle of Chapultepec,
Mexico City was laid open and subsequently occupied by the Americans.
D. Over the course of the war the US army swelled from just over 6,000 to more than
115,000. Of this total, approximately 1,725 (1.5%) were killed in the fighting, and nearly
11,500 (10%) died of disease; another 13,800 (12%) were wounded or discharged
because of disease, or both. For years afterward, Mexican–American War veterans
continued to suffer from the debilitating diseases contracted during the campaigns. The
casualty rate was thus easily over 25% (2,875) for the 17 months of the war; the total
casualties may have reached 35–40% if later injury- and disease-related deaths are added.
In this respect, the war was proportionately the most deadly in American military history.
The desertion rate in the U.S. army was 8.3% (9,200 out of 111,000), compared to 12.7%
during the War of 1812 and usual peacetime rates of about 14.8% per year. The Treaty
of Guadalupe Hidalgo, signed on February 2, 1848 ended the war and gave the U.S.
undisputed control of Texas, established the U.S.-Mexican border of the Rio Grande
River, and ceded to the United States the present-day states of California, Nevada, Utah,
and parts of Colorado, Arizona, New Mexico, and Wyoming. In return, Mexico received
US $18,250,000 ($447,967,308 today)—less than half the amount the U.S. had attempted
to offer Mexico for the land before the opening of hostilities—and the U.S. agreed to
assume $3.25 million ($79,775,000 today) in debts that the Mexican government owed to
U.S. citizens. Mexico lost more than 500,000 square miles (about 1,300,000 km²) of land,
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55% of its national territory. This figure rises to over two thirds of its territory if Texas is
included. The annexed territories contained about 1,000 Mexican families in Alta
California and 7,000 in Nuevo México. A few relocated further south in Mexico; the
great majority remained in the United States. Zachary Taylor, after a 40 year military
career, was elected the 12th President of the United States in his first bid for elective
office, in 1848 but he died in office, on July 9, 1850, after contracting gastroenteritis at an
Independence Day celebration, while debating the Compromise of 1850 regarding
slavery in the territories, that he opposed, although he was a slave owner himself,
angering Southerners.
§23 Civil War (1861-1864)
A.The US Civil War (1861-1865) was the deadliest military conflict in US history taking
the lives of an estimated 620,000 soldiers from both sides. The United States Civil War
is unique because it was fought not because the slaves revolted but because the slavers
did. Slavery ―the peculiar institution‖ had long been a controversial issue in the United
States. The states of Vermont in 1777, and then Massachusetts and New Hampshire
inserted the prohibition of slavery in their constitutions. Pennsylvania, Rhode Island and
Connecticut expressed a preference for gradual emancipation. In the beginning of the 19th
Century many Parliaments abolished the slave trade civilly. Great Britain drafted an
Abolition of the Slave Trade in 1807 that passed Parliament in August 1833. The French
decree was signed by the Provisional Government in April 1848. In the United States,
where there were an estimated 5 million African slaves, the issue of whether new
territories would be free or slave was very important. The South declared that the
Missouri Compromise prohibiting slavery in territories north of 36° 30‘ and the
Compromise of 1850 were unconstitutional. In 1854, the Republican Party included the
abolition of slavery in its founding manifesto, much to the consternation of the southern
states. When Abraham Lincoln, the Republican candidate was elected President in 1860
seven southern states seceded from the Union before he even took office on March 4,
1861. Lincoln initially hoped to keep the peace with Confederacy by permitting the
practice of slavery but the rebels established the Confederate States of America on
February 4, 1861, and elected former Secretary of War Jefferson Davis President.
B. Hostilities began on April 12, 1861 when Confederate forces attacked Fort Sumter in
South Carolina. Lincoln responded by calling for a volunteer army from each state, for a
total of 70,000 90 day volunteers, leading four more states to secede from the Union. In
the 19 Northern States lived nearly 22 million people, compared to 9 million in 11
Confederate States, 3.5 million of whom were slaves. In the North were nine-tenths of
the nation‘s industrial power, two-thirds of its rails with most of its rail manufacturing
capacity, most of its mineral resources and a growing surplus of foodstuffs which,
through Northern sea power, could be exported to Europe just as surely as the Southern
exportation of cotton could be cut off. In the South the first states to secede were the
deep Southern states where 43% of whites had slaves, then the upper South where 36% of
white families had slaves and only 22% of white families had slaves in the border slave
territories that usually fought with the Union. In his inauguration speech President
Lincoln said he had no intent to invade Southern states, nor did he intend to end slavery
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where it existed, but that he would use force to maintain possession of federal property.
The North voted an army of 500,000 men and the South one of 400,000. During the
course of the war some 900,000 would wear Confederate gray, while 1,500,000 would
wear the Union blue. It was not until the Emancipation Proclamation of January 1, 1863
that the liberation of the slaves was made into a war goal. Although the proclamation
allowed some 200,000 blacks to serve in the Union Army and Navy it only freed those
held in rebellious slave States and not in the five territories that tolerated slavery but were
allied with the Union that were not emancipated until the passage of the 13th Amendment
in 1865.
C. In May 1681 Lincoln enacted a Union blockade of all Southern ports, including those
along the Mississippi, shut off imports to the South, which compounded with foraging
Northern troops and the impressments of crops by Southern troops, caused hyperinflation
and bread riots in the South. In July 1861 Union advances on the South were repulsed all
the way to Washington DC in the First Battle of Bull Run. In 1962 the Union was again
repulsed in the Second Battle of Bull Run. Emboldened by these victories Confederate
General Robert E. Lee invaded the North with a force of 45,000 but was repelled in the
bloodiest single day in United States history at the Battle of Antietam near Sharpsburg,
Maryland on September 17, 1682. The Union offensive was unable to prevail against
Confederate troops. While the Confederates did well in the East, in the West they were
quickly defeated, Missouri quickly fell and the invasion of Kentucky turned the State
against the Confederacy. Nashville and central Tennessee fell to the Union in early 1862,
followed shortly thereafter by Mississippi, with the exception of the fortress city of
Vicksburg, and then Memphis, Tennessee. In May 1862 the Union captured New
Orleans without a major fight. Led by Ulysses S. Grant Union forces seized control of
the, Tennessee, Cumberland and Mississippi Rivers, driving Confederates out of
Tennessee, and opening a route to Atlanta, and the heart of the Confederacy.
D. At the beginning of 1864 Lincoln made Grant commander of all Union armies, he put
General William Tecumseh Sherman in charge of most of the western armies. They
resolved to a concept of total war whereby only the utter defeat Confederate forces and
the destruction of their economic base would bring an end to war, not in terms of killing
civilians but destroying homes, farms and railroads. Although a number of generals
became enmeshed in battles that pushed back Confederate forces, Grant lost 65,000
troops in only seven weeks, Eventually General Sherman took Atlanta, Georgia, on
September 2, 1864, a significant factor in the reelection of Lincoln. Leaving Atlanta and
his base of supplies Sharman began his ―March to the Sea‖ laying waste to 20% of the
farms in Georgia reaching Savannah, Georgia in December 1864, followed by thousands
of blacks, without a major battle, whereupon they turned north to attack Confederates
from the South. The Union won a decisive victory at the Battle of Five Forks on April 1,
1865 forcing the evacuation of Petersburg and Richmond. The Confederate capital fell to
the Union XXV Corps composed of black troops. Confederate General Lee surrendered
his forces on April 9, 1865 at Appomattox Courthouse. On April 14, 1865, President
Lincoln was shot. Lincoln died early the next morning, and Andrew Johnson became
President. The Confederate President was captured on May 10 and the last Confederate
ship to surrender was on November 6, 1865. In violation of international law pertaining
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to the abolition of slavery the Confederacy was never recognized as an independent
nation by any other nation. The Civil War freed approximately 4 million African-
American slaves.
E. The approximately 10,455 military engagements resulted in total casualties of
1,094,453 during the Civil War. The Federals lost 110,100 killed in action and mortally
wounded, and another 224,580 to disease. The Confederates lost approximately 94,000 as
a result of battle and another 164,000 to disease. Even if one survived a wound, any
projectile that hit bone in either an arm or a leg almost invariably necessitated
amputation. The best estimate of Federal army personnel wounded is 275,175; naval
personnel wounded, 2,226. Surviving Confederate records indicate 194,026 wounded.
Based on 1860 census figures, 8% of all white males aged 13 to 43 died in the war,
including 6% in the North and an extraordinary 18% in the South. The advent of more
accurate rifled barrels, and repeating firearms gave birth to trench warfare, a tactic
heavily used during World War I. In dollars and cents, the U.S. government estimated
Jan. 1863 that the war was costing $2.5 million daily. A final official estimate in 1879
totaled $6,190,000,000. The Confederacy spent perhaps $2,099,808,707. By 1906
another $3.3 billion already had been spent by the U.S. government on Northerners'
pensions and other veterans' benefits for former Federal soldiers. Southern states and
private philanthropy provided benefits to the Confederate veterans. The amount spent on
benefits eventually well exceeded the war's original cost. The physical devastation,
almost all of it in the South, was enormous: burned or plundered homes, pillaged
countryside, untold losses in crops and farm animals, ruined buildings and bridges,
devastated college campuses, and neglected roads all left the South in ruins.
Reconstruction began early in the war and ended in 1877. The long-term result came in
the three Reconstruction Amendments to the Constitution: the Thirteenth Amendment,
which abolished slavery; the Fourteenth Amendment, which extended federal legal
protections equally to citizens regardless of race; and the Fifteenth Amendment, which
abolished racial restrictions on voting. It is too bad the Republican party thought slavery
a State‘s rights issue and not the human rights issue of African-American party
membership in the Republican party, with labor union privileges to compensate the
advocacy of the right to vote.
§24 Spanish-American War (1898)
A.The Spanish-American War was a military conflict between Spain and the United
States that took place between April and August 1898 over the issue of the liberation of
Cuba. Strong expansionist sentiment in the United States, after the conclusion of the
Indian Wars in the 1890s normally competing ideals from both the Monroe Doctrine and
Manifest Destiny motivated the government to develop a plan for the annexation of
Spain‘s remaining overseas territories including Cuba, the Philippines, Puerto Rico and
Guam. The war began after American demands for Cuban independence were rejected
by Spain. To express their interest the US sent USS Maine which sank mysteriously in
Havana‘s harbor precipitating a war in which the Spain conceded after defeats in Cuba
and the Philippines. The Treaty of Paris of December 10, 1898 gave the United States
control of Cuba, the Philippines, Guam and Puerto Rico. The Philippine War, sometimes
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known as the war for Philippine Independence, officially began on June 2, 1899 and
ended on July 4, 1902 when the US military government was disbanded in favor of
civilian self-government. The Spanish American War was fought between 30,000 Cuban
irregulars, 300,000 American regulars and volunteers against 250,000 Spanish regulars
and militia in Cuba, 10,005 in Puerto Rico and 51,131 in the Philippines.
B. Cubans had been fighting on and off for self-determination since the Grito de Yara of
1868. In 1895 organization within the United States helped to finance a small armed
uprising against the Spanish authority. In 1986 the Spanish Captain General Weyler
pledge to suppress the insurgency and by 1867 more than 300,000 Cubans were had been
relocated to guarded concentration camps and more than 100,000 died from hunger and
disease. Inspired by propaganda waged by Cuban émigrés the United States and a riot by
Cuban volunteers that destroyed three presses critical of the Captain General the United
States sent a Marine force to the island. On January 25, 1898 the USS Maine arrived in
Havana, then on February 15, 1898 mysteriously sank as the result of an explosion in
Havana Harbor taking with her 266 men. The size of the US Army was rapidly expanded
from 28,138 men to 250,000. On April 11, 1898 President McKinley asked Congress for
permission to send US troops to Cuba for the purpose of ending the civil war there.
After the Teller Amendment clarified that the US would not establish permanent control
over Cuba and demanded Spanish withdrawal was ratified in a joint resolution and signed
by the President on April 20, 1898. Spain broke of relations with the Untied States and
responded by declaring war on April 25, 1898.
C. During the course of the war the United States had theatres of operation in the Pacific
in the Philippines and Guam and in the Caribbean in Cuba and Puerto Rico. The Spanish
had first landed in the Philippines on March 17, 1521 but did begin colonizing until 1565.
After three centuries the Philippines was a semi-autonomous country. Educated in liberal
ideas the Philippine Revolution (1892-1902) was originally supported by the United
States and did not end until the United States ceded authority to the civilian government.
The first battle between the United States and Spanish forces was at Manila Bay on May
1, 1898 where after only a few hours and only nine Americans wounded the US was
victorious. By June US and Filipino forces had taken most of the island. On June 20,
1898 US forces sailed into Guam‘s Apra Harbor unopposed took 57 Spaniards prisoner
of war, left the one US citizen on the island in charge and sailed away. As assistant
Secretary of the Navy Theodore Roosevelt advocated for the assault of Cuba and
prepared the Rough Riders for battle. Between June 22 and 24th US forces set up base in
Santiago, Cuba. The Spanish were wily enemies with smokeless powder and hard to spot
defense. Americans had to advance using a ―fireteam attack‖ whereby a group would
advance under cover of another groups fire and were ground to a halt by the siege of
Santiago. Cuba had to be won by the amphibious Invasion of Guantanamo Bay on June
6-10 and the Battle of Santiago de Cuba of July 3, 1898 when the Spanish fleet was
destroyed after a two month stand-off.
D. On August 7, 1898 US troops began to leave Cuba with more than 75% of their force
unfit for service as the result of yellow fever. During May 1898 a reconnaissance
mission was sent to Puerto Rico and did not encounter any resistance until August 12
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when after a short battle the fighting was called off as the result of the signing of the
Peace Treaty. With defeats in Cuba and the Philippines and both its fleets destroyed the
Spanish sued for peace, hostilities were halted on August 12, 1898 and the Treaty of Paris
was signed on December 10, 1898. The United States gained almost all of Spain's
colonies, including the Philippines, Guam, and Puerto Rico. Cuba, having been occupied
as of July 17, 1898, and thus under the jurisdiction of the United States Military
Government (USMG), formed its own civil government and attained independence on
May 20, 1902, with the announced end of USMG jurisdiction over the island. However,
the United States imposed various restrictions on the new government, including
prohibiting alliances with other countries, and reserved for itself the right of intervention.
On August 14, 1898, 11,000 ground troops were sent to occupy the Philippines. When
U.S. troops began to take the place of the Spanish in control of the country, warfare broke
out between U.S. forces and the Filipinos resulting in the Philippine-American War.
E. The war lasted only four months but ended the Spanish Empire and began a period of
American prosperity and involvement in international affairs. The United States annexed
the former Spanish colonies of Puerto Rico, the Philippines, and Guam and a permanent
naval base was granted to the US in Guantanamo Bay after the signing of the 1903
treaties. The total number of casualties is estimated at 10,665 dead Cubans; 345 dead,
1,645 wounded and 2,565 diseased Americans; and 560 dead and 300-400 wounded from
the Spanish Navy and 3,000 dead or wounded, 6,700 captured in the Philippines and
13,000 diseased in Cuba from the Spanish Army. In an effort to pay the costs of the war,
Congress passed an excise tax on long-distance phone service/ At the time, it affected
only wealthy Americans who owned telephones. However, the Congress neglected to
repeal the tax after the war ended four months later, and the tax remained in place for
over 100 years until, on August 1, 2006, it was announced that the US would no longer
collect the tax. With the exception of the genocide that occurred later during the War of
Philippine Independence, the Spanish-American war was a low cost conflict that ended
three centuries of Spanish empire and began controversy regarding US imperialism that
was aggravated by the communist revolution Cuba against which the US has enacted
sanctions while maintaining their Permanent Naval Base in Guantanamo Bay.
§25 Philippine War (1899-1902)
A.The Philippine-American War (1899-1902) sometimes known as the War of Philippine
Independence was an armed military conflict between the Philippines and the United
States in continuation of the Philippine struggle for independence following the Spanish-
American War. The struggle officially began on June 2, 1899 when the Philippines
declared war on the United States and it officially ended on July 4, 1902 but remnants of
the Katipunan and other resistance groups such as Muslims and Pulajanes continued
hostilities until June 15, 1913. The revolution for independence actually began a few
years before the intervention of the Americans. Andres Bonificio founded a
revolutionary organization called the Katipunan on July 7, 1892 that spread throughout
the colony and led the Revolution of 1896. One of the most influential leaders was
Emilio Aguinaldo, the mayor of Cavite el Viejo, who gained control of the surrounding
area. Aguinaldo was elected President of the insurgent government in 1897 and executed
Bonificio for treason. Aguinaldo is officially known as the first President of the
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Philippines. The Revolution however went into stalemate in 1897 and for $800,000
(Mexican) Aguinaldo agreed to go into exile in Hong Kong. When the US invasion
began in 1899 the US convinced Aguinaldo to take up the mantle of leadership of the
revolution again, falsely assured the US would recognize Filipino independence.
Aguilando return to Cavite on May 19, 1898 and within a few months the Philippine
Army had conquered nearly all of Spanish held ground with the exception of Manila. On
August 13, 1989 with American commanders unaware that a peace protocol had been
signed between Spain and the United States on the previous day, American forces
captured the city of Manila from the Spanish.
B. Governor-General Fermin Jaudenes had made a secret agreement with the Americans
requesting to surrender only to the Americans, not to the Filipino rebels. In order to save
face, he proposed a mock battle with the Americans preceding the Spanish surrender; the
Filipinos would not be allowed to enter the city. At the beginning of the war between
Spain and America, Americans and Filipinos had been allies against Spain in all but
name; now Spanish and Americans were in a partnership that excluded the Filipino
insurgents. Fighting between American and Filipino troops almost broke out as the
former moved in to dislodge the latter from strategic positions around Manila on the eve
of the attack. Aguinaldo had been told bluntly by the Americans that his army could not
participate and would be fired upon if it crossed into the city. The insurgents were
infuriated at being denied triumphant entry into their own capital, but Aguinaldo bided
his time. Relations continued to deteriorate, however, as it became clear to Filipinos that
the Americans were in the islands to stay. The June 12, 1898 declaration of Philippine
independence had not been recognized by either the United States or Spain, and the
Spanish government ceded the Philippines to the United States in the 1898 Treaty of
Paris, which was signed on December 10, 1898, in consideration for an indemnity for
Spanish expenses and assets lost. On January 1, 1899 Aguinaldo was declared President
of the Philippines — the only president of what would be later called the First Philippine
Republic. He later organized a Congress at Malolos, Bulacan to draft a constitution.
C. On January 20, 1899 President McKinley appointed the First Philippine Commission
(the Schurman Commission), to investigate conditions in the islands and make
recommendations. On November 2, 1900 Dr. Schurman signed the following statement,
"Should our power by any fatality be withdrawn, the commission believe that the
government of the Philippines would speedily lapse into anarchy, which would excuse, if
it did not necessitate, the intervention of other powers and the eventual division of the
islands among them. Only through American occupation, therefore, is the idea of a free,
self-governing, and united Philippine commonwealth at all conceivable‖. The conflict
began on the night of February 4, 1899 when a Filipino soldier was shot by an American
soldier. The Second Philippine Commission (the Taft Commission), appointed by
McKinley on March 16, 1900, and headed by William Howard Taft, was granted
legislative as well as limited executive powers. Between September 1900 and August
1902 it issued 499 laws. A judicial system was established, including a Supreme Court,
and a legal code was drawn up to replace antiquated Spanish ordinances. A civil service
was organized. The 1901 municipal code provided for popularly elected presidents, vice
presidents, and councilors to serve on municipal boards. The municipal board members
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were responsible for collecting taxes, maintaining municipal properties, and undertaking
necessary construction projects; they also elected provincial governors.
D. The Philippine Organic Act of July 1902 approved, ratified, and confirmed
McKinley's Executive Order establishing the Philippine Commission and stipulated that a
legislature would be established composed of a lower house, the Philippine Assembly,
which would be popularly elected, and an upper house consisting of the Philippine
Commission. The act also provided for extending the United States Bill of Rights to
Filipinos. On July 2 the Secretary of War telegraphed that the insurrection against the
sovereign authority of the U.S. having come to an end, and provincial civil governments
having been established, the office of Military governor was terminated. On July 4
Theodore Roosevelt, who had succeeded to the U.S. Presidency after the assassination of
President McKinley on September 5, 1901, proclaimed a full and complete pardon and
amnesty to all people in the Philippine archipelago who had participated in the conflict.
The war unofficially continued for nearly a decade. The Jones Act, passed by the U.S.
Congress in 1916 to serve as the new organic law in the Philippines, promised eventual
independence and instituted an elected Philippine senate. The Tydings-McDuffie Act
(officially the Philippine Independence Act; Public Law 73-127) approved on March 24,
1934 provided for self-government of the Philippines and for Filipino independence
(from the United States) after a period of ten years. World War II intervened, bringing the
Japanese occupation between 1941 and 1945. In 1946, the Treaty of Manila (1946)
between the governments of the U.S. and the Republic of the Philippines provided for the
recognition of the independence of the Republic of the Philippines and the relinquishment
of American sovereignty over the Philippine Islands.
E. U.S. troop strength averaged 40,000 and peaked at 74,000. Typically only 60 percent
of American troops were combat troops, with a field strength ranging from 24,000 to
44,000. A total of 126,468 US soldiers served there. After the official end to the war,
U.S. forces were regularly engaged against Filipino guerrilla forces for another decade.
Twenty-six of the 30 American generals who served in the Philippines from 1898 to 1902
had fought in the Indian Wars. Estimates of the Filipino forces vary between 80,000 and
100,000 with tens of thousands of auxiliaries. Lack of weapons and ammunition was a
significant impediment to the Filipinos who were reported by the press and Red Cross to
treat their prisoners of war very well to the consternation of the American general who
arrested members of the press. In the official war years, there were 4,196 American
soldiers dead, 1,020 of which were from actual combat; the remainder died of disease,
and 2,930 were wounded. There were also 2,000 casualties that the Philippine
Constabulary suffered during the war, over one thousand of which were fatalities. It
should be noted that total Filipino casualties was at the time and still is a highly-debated,
argued, and politicized number. It is estimated that some 34,000 Filipino soldiers lost
their lives and as many as 200,000 civilians may have died directly or indirectly as a
result of the war, most due to a major cholera epidemic that broke out near its end.
Philippine military deaths are estimated at 20,000 with 16,000 actually counted, while
civilian deaths numbered between 250,000 and 1,000,000 Filipinos, many in
concentration camps.
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§26 World War I (1917-1918)
A.The First World War, known as the Great War, the War to End all Wars and as World
War I (abbreviated WWI) after 1939, was a world conflict lasting from August 1914 to
the final Armistice on November 11, 1918. The Allied Powers (led by Britain, France,
Russia until 1917, and the United States after 1917), defeated the Central Powers (led by
the German Empire, Austro-Hungarian Empire and the Ottoman Empire). The war
caused the disintegration of four empires (Austro-Hungarian, German, Ottoman, and
Russian), radical change in the European and Middle Eastern maps and the
Hohenzollerns, the Habsburg, Romanovs and the Ottomans together with all their
ancillary aristocracies, all fell after the war. The assassination on June 28, 1914 of
Archduke Franz Ferdinand of Austria, heir to the throne of Austria-Hungary, by Serbian
nationalist Gavrilo Princip is seen as the immediate trigger of the war. The July Crisis
after the assassination occurred when Austria-Hungary issued a ten point ultimatum to
Serbia with the intention of being unacceptable. Austria-Hungary declared war on July
28, 1914 after Serbia only agreed to eight of the demands. The Russian Empire ordered a
partial mobilization the next day in support of their Serbian allies. When the German
Empire began to mobilize on July 30, 1914 France, sporting animosity from the German
conquest of Alsace-Lorraine in the Franco-Prussian War ordered French mobilization on
August 1, 1914, the same day Germany declared war on Russia. New technology such as
barbed wire, improved artillery and machine guns made moving over open ground
difficult, forcing the Western front into trenches, tanks, submarines and airplanes saw
extensive combat.
B. Fighting began in the African colonies where on August 7, 1914 French and British
forces invaded the German protectorate of Togoland, on August 10, 1914 German forces
in South-West Africa attacked South Africa, German colonial forces in East Africa did
not surrender their guerilla warfare campaign until several weeks after the armistice took
effect in Europe. Britain successfully blockaded German ports and Allied forces seized
all German colonies in the Pacific but the German navy terrorized the high seas.
Beginning on August 12, 1914 the Serbian Army fought the Battle of Cer against the
Austria-Hungarian invaders, successfully halting the invaders who also had to fight the
Russians and Italians. The Eastern front of Germany was defended by only one Field
Army so when Russia attacked East Prussia it diverted forces from the Western front.
The Italians did not join the war until they had been tempted with French Tunisia by
Austria-Hungary and later with the promise of the Alpine province of South Tyrol and
Dalmatian coastline by the Allies which prompted them to declare war on Austria-
Hungary on May 23, 1915 and fifteen months later on Germany. In 1915 Austria-
Hungary convinced Bulgaria to help attack Serbia and beginning in October 1915 and
Serbian forces were pushed backed, losing Kosovo and Montenegro before being
evacuated to Greece. Serbia was divided between Austria-Hungary and Bulgaria
instigating an uprising was crushed by the end of March 1917. The Ottoman Empire was
allied with the Germans and although they defended their empire against Allied assaults
they were thwarted by the Russians in their advances into the Caucuses and they lost
Mesopotamia to the Arab Revolt.
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C. On the Western front the German invasion plan was halted east of Paris on September
12, 1914. Neither side proved able to deliver a decisive blow for the next two years,
although the French and British generally suffered more casualties than the Germans. The
British Army endured the bloodiest day in its history, suffering 57,470 casualties
including 19,240 dead on July 1, 1916, the first day of the Battle of the Somme. The
entire Somme offensive cost the British Army almost half a million men. In December
1916, after ten brutal months of the Battle of Verdun, the Germans attempted to negotiate
peace with the Allies, declaring themselves the victors. U.S. President Wilson attempted
to intervene, asking both sides to state their demands. The Allies, knowing they were in a
weak bargaining position, rebuffed the offer. After German submarines sank seven U.S.
merchant ships the U.S. Congress declared war on 6 April 1917. The 1917 Espionage
Act and the Sedition Act of 1918 made any statements deemed "disloyal" a federal crime.
The German leadership hoped to strike a decisive blow before significant U.S. forces
arrived. The front moved to within 120 kilometers (75 mi) of Paris. Meanwhile,
Germany was falling apart at home. Anti-war marches become frequent and morale in the
army fell. Industrial output was 53% of 1913 levels. The United States had a small army,
but it drafted four million men and by summer 1918 was sending 10,000 fresh soldiers to
France every day. American Expeditionary Force (AEF) doctrine called for the use of
frontal assaults, which had long since been discarded by British Empire and French
commanders because of the large loss of life. The Allied counteroffensive, known as the
Hundred Days Offensive, began on 8 August 1918.
D. The collapse of the Central Powers came swiftly. Bulgaria was the first to sign an
armistice on 29 September 1918 at Saloniki. On 30 October the Ottoman Empire
capitulated at Mudros. Austria and Hungary signed separate armistices following the
overthrow of the Habsburg monarchy. Following the outbreak of the German Revolution,
a republic was proclaimed on 9 November. The Kaiser fled to the Netherlands. On 11
November an armistice with Germany was signed in a railroad carriage at Compiègne. At
11 a.m. on 11 November 1918 a ceasefire came into effect. Opposing armies on the
Western Front began to withdraw from their positions. A formal state of war between the
two sides persisted for another seven months, until signing of the Treaty of Versailles on
28 June 1919. Austria–Hungary was partitioned, largely along ethnic lines, into several
successor states including Austria, Hungary, Czechoslovakia, and Yugoslavia, as well as
adding Transylvania to the Greater Romania who was allied with the victors. The details
were contained in the Treaty of Saint-Germain-en-Laye of 10 September 1919 and the
Treaty of Trianon of 4 June 1920. The Bulgarian borders were defined in the Treaty of
Neuilly of 27 November 1919. The Russian Empire, which had withdrawn from the war
in 1917 after the October Revolution, having lost much of its western frontier to the
Treaty of Brest-Litovsk of 3 March 1918 whereby the newly independent nations of
Estonia, Finland, Latvia, Lithuania, and Poland were carved from it; Bessarabia was also
re-attached to the Greater Romania as it had been a Romanian territory for more than a
thousand years. The Ottoman Empire disintegrated, and much of its non-Anatolian
territory was awarded as protectorates of various Allied powers, while the remaining
Turkish core was re-organized as the Republic of Turkey. The Ottoman Empire was to be
partitioned by the Treaty of Sèvres of 10 August 1920. This treaty was never ratified by
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the Sultan and was rejected by the Turkish republican movement, leading to the Turkish
Independence War and, ultimately, to the Treaty of Lausanne of 24 July 1923.
E. More than 70 million military personnel, including 60 million Europeans, were
mobilized in one of the largest wars in history. Total casualties in World War I, both
military and civilian, were about 37 million: 16 million deaths and 21 million wounded.
The total number of deaths includes 9.7 million military personnel and about 6.8 million
civilians. The Entente Powers (also known as the Allies) lost 5.7 million soldiers and the
Central Powers about 4 million. 116,516 US soldiers died and 204,002 were wounded
(1917-18). Germany lost 15.1% of its active male population, Austria–Hungary lost
17.1%, and France lost 10.5%. About 750,000 German civilians died from starvation
caused by the British blockade during the war. By the end of the war, famine had killed
approximately 100,000 people in Lebanon. The war had profound economic
consequences. In addition, a major influenza epidemic spread around the world. Overall,
the Spanish flu killed at least 50 million people. In 1914 alone, louse-borne epidemic
typhus killed 200,000 in Serbia. About 8 million men surrendered and were held in POW
camps during the war, their survival rates were much better than on the front, if they were
not killed surrendering. Prisoners from the Allied armies totaled about 1.4 million (not
including Russia, which lost 2.5–3.5 million men as prisoners.) From the Central Powers
about 3.3 million men became prisoners. Germany held 2.5 million prisoners; Russia
held 2.9 million; while Britain and France held about 720,000. Most were captured just
prior to the Armistice. The U.S. held 48,000. About 15–20% of the prisoners in Russia
died. In Germany food was scarce, but only 5% died.
F. Despite the success of the June 1916 Brusilov offensive in eastern Galicia,
dissatisfaction with the Russian government's conduct of the war grew. Empress
Alexandra's increasingly incompetent rule drew protests and resulted in the murder of her
favorite, Rasputin, at the end of 1916. In March 1917, the February Revolution led to the
abdication and imprisonment of Tsar Nicholas II and the appointment of a weak
Provisional Government. On the night of 16/17 July 1918 the Tsar and his family were
killed. The new government acceded to the Treaty of Brest-Litovsk on 3 March 1918
taking Russia out of the war and ceding vast territories, including Finland, the Baltic
provinces, parts of Poland and Ukraine to the Central Powers. Approximately 200,000
Germans living in Volhynia and about 600,000 Jews were deported by the Russian
authorities. In 1916, an order was issued to deport around 650,000 Volga Germans to the
east as well, but the Russian Revolution prevented this from being carried out. Many
pogroms accompanied the Revolution of 1917 and the ensuing Russian Civil War,
60,000–200,000 civilian Jews were killed in the atrocities throughout the former Russian
Empire. The best estimates of the death toll from the Russian famine of 1921 run from
5 million to 10 million people. There were about 25 million infections and 3 million
deaths from epidemic typhus in Russia from 1918 to 1922. By 1922 there were 4.5–
7 million homeless children in Russia as a result of nearly a decade of devastation from
World War I, the Russian Civil War, and the subsequent famine of 1920–22.
Considerable numbers of anti-Soviet Russians fled the country after the Revolution; by
the 1930s the northern Chinese city of Harbin had 100,000 Russians.
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G. New taxes were levied and laws enacted, all designed to bolster the war effort; many
of which have lasted to this day. Gross Domestic Product (GDP) increased for three
Allies (Britain, Italy, and U.S.), but decreased in France and Russia, in neutral
Netherlands, and in the main three Central Powers. The shrinkage in GDP in Austria,
Russia, France, and the Ottoman Empire reached 30 to 40%. In Austria, for example,
most of the pigs were slaughtered and, at war's end, there was no meat. All nations had
increases in the government's share of GDP, surpassing fifty percent in both Germany
and France and nearly reaching fifty percent in Britain. To pay for purchases in the
United States, Britain cashed in its extensive investments in American railroads and then
began borrowing heavily on Wall Street. President Wilson was on the verge of cutting off
the loans in late 1916, but allowed a great increase in U.S. government lending to the
Allies. The 1919 Treaty of Versailles officially ended the war and brought into being the
League of Nations on 28 June 1919. In signing the treaty, Germany acknowledged
responsibility for the war, agreeing to pay enormous war reparations and award territory
to the victory. Although US President Woodrow Wilson drafted the Covenant of the
League of Nations on 14 February 1919 US Congress refused to ratify it and the U.S.,
Germany and Russia were not party to the final document of December 1924. After
1919, the U.S. demanded repayment of these loans, which, in part, were funded by
German reparations, which, in turn, were supported by American loans to Germany.
Unable to pay the reparations with exports (a result of territorial losses and postwar
recession), Germany did so by borrowing from the United States, until runaway inflation
in the 1920s, contributed to the economic collapse of the Weimar Republic. This circular
system collapsed in 1931 and the loans were never repaid.
§27 World War II (1941-1945)
A.World War II, also known as WWII, or the Second World War, was a global military
conflict that took place between 1939 and 1945. It involved nearly all the world‘s nations
including all of the major powers. Out of German discontent with the still controversial
Treaty of Versailles, Adolf Hitler was able to gain popularity and power. World War II
was in part a continuation of the power struggle that was never fully resolved by the First
World War; in fact, it was common for Germans in the 1930s and 1940s to justify acts of
international aggression because of perceived injustices imposed by the victors of the
First World War. After an unsuccessful attempt to overthrow the German government in
1923, Adolf Hitler became the Chancellor of Germany in 1933. He abolished
democracy, espousing a radical, racially-motivated revision of the world order, and began
a massive rearmament campaign in 1936. Ethiopia and Italy were engaged in the Second
Italo-Abyssinian War and Nationalist China and Japan were fighting the Second Sino
Japanese War. In October 1936 Germany and Italy formed the Rome-Berlin Axis and a
month later Germany and Japan, each believing communism and the Soviet Union to be a
threat, signed the Anti-Comintern Pact, which Italy would join in the following year.
Although Germany was forbidden to acquire territory under the Versailles Treaty
Saarland was illegally reunited with Germany in early 1935 and Austria in March 1938.
Distracted by the Great Depression the Allies and League of Nations did little to halt
German expansion and France and Britain in fact conceded the Czech province of
Sudentland to Germany against the wishes of Czechoslovakia, in return for no more
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territorial demands; however Germany soon invaded all of Czechoslovakia splitting it
into Bohemia, Moravia and the pro-German client state the Slovak Republic. Alarmed
France and Britain guaranteed their support for Polish independence and when Italy
conquered Albania in April 1939 extended the same guarantee to Romania and Greece.
In August 1939 Germany and the Soviet Union signed the Molotov-Ribbentrop non-
aggression pact that secretly divided Eastern Europe between German and Soviet spheres
of influence.
B. The start of the war is generally held to be September 1, 1939, with the German
invasion of Poland and subsequent declarations of war on Germany by most of the
countries in the British Empire and Commonwealth, and by France. On September 17,
1939, after signing an armistice with Japan, the Soviets launched their own invasion of
eastern Poland. By early October Poland was divided between the Germany, the Soviets,
Lithuanian and Slovakia, although Poland never surrendered. The Soviet Union forced
Baltic States to submit to the stationing of Soviet troops on their territory under mutual
assistance pacts, and on June 1940 invaded and occupied the Baltic States. The Soviet
Union and Germany entered a trade pact in February of 1940, to help circumvent a
British blockade. In April, Germany invaded Denmark and Norway to secure shipments
of iron ore from Sweden. In Western Europe, British troops deployed to the Continent,
but nether side launched major operations against the other until April 1940. British
discontent over the Norwegian campaign led to the replacement of Prime Minister
Neville Chamberlain by Winston Churchill on May 10, 1940. On that same day,
Germany invaded France and the Low Countries overrunning the Netherlands and
Belgium in a few weeks, forcing British troops to evacuate the continent by the end of the
month and on June 10, Italy invaded, declaring war on both France and the United
Kingdom; twelve days later France surrendered. With France neutralized, Germany
began an air superiority campaign over Britain (the Battle of Britain) to prepare for an
invasion, but was thwarted and by May 11, 1941 Hitler called off the bombing campaign.
Frightened of direct confrontation with Germany on July 14, 1940 the British attacked the
French fleet in Algeria and focused on fighting Italian troops in North Africa. By early
1941 Hitler sent German forces to Libya in pushing Commonwealth forces into Egypt.
Using newly captured French ports the German Navy enjoyed success against an over-
extended Royal Navy, using U-boats against British shipping in the Atlantic while Italy
began operations in the Mediterranean, initiating and Japan increased its blockade of
China, seizing several bases in the northern part of French Indochina.
C. At the end of September 1940, the Tripartite Pact united Japan, Italy, and Germany to
formalize the Axis Powers. The pact stipulated that any country, with the exception of the
Soviet Union, not in the war which attacked any Axis Power would be forced to go to
war against all three and in November 1940 Hungary, Slovakia, and Romania joined the
Tripartite Pact. On June 22, 1941, Germany, along with other European Axis members
and Finland, made the fatal mistake of invading the Soviet Union in Operation
Barbarossa. The diversion of three quarters of the Axis troops and the majority of their
air forces from France and the central Mediterranean to the Eastern Front prompted the
United Kingdom to reconsider its grand strategy, forming a military alliance with the
Soviet Union against Germany and signing the Atlantic Charter of August 14, 1941 with
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the United States. By October exhausted German troops were halted outside of Moscow,
ending the blitzkrieg phase of the war. In November 1939, the American Neutrality Act
was amended to allow purchases by the Allies and China. In 1940, the United States
embargoed shipment of iron, steel, oil and mechanical parts against Japan for their
incursion into Indo-China. On December 7 (December 8 in Asian time zones), 1941,
Japan attacked British and American holdings with near simultaneous offensives against
Southeast Asia and the Central Pacific including an attack on the American fleet at Pearl
Harbor, sinking five battleships and killing 2,400 American sailors and landings in
Thailand and Malaya. These attacks prompted the United States to formally declare war
on Japan. Germany and the other members of the Tripartite Pact responded by declaring
war on the United States. In January, the United States, United Kingdom, Soviet Union,
China, and twenty-two smaller or exiled governments issued the Declaration by United
Nations of January 1, 1942 which affirmed the Atlantic Charter. The Soviet Union
maintained their neutrality agreement with Japan
D. In early May 1942, the Allies, intercepted and turned back Japanese naval forces,
Japan's next plan, was to seize Midway Atoll and lure American carriers into battle to be
eliminated; but the Americans, having broken Japanese naval codes in late May, were
fully aware of the plans and force dispositions and used this knowledge to achieve a
decisive victory over the Imperial Japanese Navy in the Midway battle. The Battle for
Guadalcanal soon became a focal point for both sides with heavy commitments of troops
and ships, by the start of 1943, the Japanese withdrew their troops. On Germany's eastern
front, in July 1943, Hitler canceled the operation before it had achieved tactical or
operational success. This decision was partially affected by the Western Allies' invasion
of Sicily launched on July 9 which, combined with previous Italian failures, resulted in
the ousting and arrest of Mussolini later that month. In early September 1943, the
Western Allies invaded the Italian mainland, following an Italian armistice with the
Allies. Germany responded by disarming Italian forces, seizing military control of Italian
areas, and creating a series of defensive lines. German Special Forces rescued Mussolini,
who then established a new client state in German occupied Italy named the Italian Social
Republic. The Western Allies fought through several lines until reaching the main
German defensive line in mid-November. German operations in the Atlantic also
suffered. By May 1943, as Allied counter-measures became increasingly effective, the
resulting sizable German submarine losses forced a temporary halt of the German
Atlantic naval campaign
E. In November 1943, Franklin D. Roosevelt and Winston Churchill met with Chiang
Kai-shek in Cairo and then with Joseph Stalin in Tehran. The former conference
determined the post-war return of Japanese territory while the latter included agreement
that the Western Allies would invade Europe in 1944 and that the Soviet Union would
declare war on Japan within three months of Germany's defeat. On June 6, 1944 (known
as D-Day), the Western Allies invaded northern France and Paris was liberated on 25
August. The Soviets attacked through Hungary. In mid-January 1945, the Soviets
attacked in Poland, and overran East Prussia. U.S., British, and Soviet leaders met in
Yalta Conference of February 4-11, 1945 where they agreed to establish a United Nations
and to occupy post-war Germany, and that the Soviet Union would join the war against
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Japan three months after victory in Europe. In February, the Soviets invaded Silesia and
Pomerania, while Western Allied forces entered western Germany and closed to the
Rhine River, the two forces linked up on Elbe River on April 25. On April 12, U.S.
President Roosevelt died; he was succeeded by Harry Truman. Benito Mussolini was
killed by Italian partisans on April 28. Two days later, Hitler committed suicide, and was
succeeded by Grand Admiral Karl Donitz. German forces surrendered in Italy on April
29 and in Western Europe on May 7. On the Eastern Front, Germany surrendered to the
Soviets on May 8. A German Army Group resisted in Prague until May 11. In the Pacific
theater, American forces captured the Philippines by March and moved toward Japan,
taking Iwo Jima by March, 1945 and Okinawa by June. On July 11, the Allied leaders
met in Potsdam, Germany and in the Protocol of Proceedings of August 1, 1945 reiterated
that "the alternative for the unconditional surrender of Japan is prompt and utter
destruction" When Japan rejected the Potsdam terms, the United States sent B-29 Super
fortress Enola Gay to drop atomic bombs on the Japanese cities of Hiroshima and
Nagasaki on August 6 & 9. Between the two bombs, the Soviets invaded Japanese-held
Manchuria, as agreed at Yalta. On August 15, 1945 Japan surrendered, with the official
signing aboard the deck of the American battleship USS Missouri on September 2, 1945,
ending the war.
F. The war involved the mobilization of over 100 million men. Over seventy million
people, the majority civilians, were killed, making it the deadliest conflict in human
history. Estimates for the total casualties of the war vary, but most suggest that some 62
million people died in the war, including about 25 million soldiers and 37 million
civilians Many civilians died because of disease, starvation, massacres, bombing and
deliberate genocide. The Soviet Union lost around 27 million people during the war,
about half of all World War II casualties and China 10 million. Poland suffered the most
deaths in proportion to its population of any country, losing approximately 5.6 million
out of a pre-war population of 34.8 million (16%). Of the total deaths in World War II,
approximately 80 percent were on the Allied side (mostly Soviet and Chinese) and 20
percent on the Axis side. It is estimated that 9-12 million civilians died in Nazi
concentration camps, 1.5 million by bombs, 7 million in Europe from other causes, and
7.5 million in China from other causes. The Holocaust was the systematic genocide of 6
million Jews and other groups in death camps, called the Final Solution (Endlosung)
including 2 million ethnic Poles, the Roma, Slavs, and 2 million others deemed unworthy
of life such as the mentally ill, Soviet POWs, and gay men. The Japanese military
murdered from 3 million to over 10 million civilians, mostly Chinese. The death rate of
Western prisoners was 27.1 percent (for American POWs, 37 percent), seven times that
of POWs under the Germans and Italians; 37,583 prisoners from the UK, 28,500 from the
Netherlands and 14,473 from United States were released after the surrender of Japan, the
number for the Chinese was only 56. 10-20 million Chinese and Javanese were
mobilized by the Japanese army for slave labor and few returned. The U.S. and Canadian
governments interned 150,000 Japanese-Americans, as well as nearly 11,000 German and
Italian residents of the U.S. A total of 16.1 million US citizens served an average of 33
months in World War II, 73% abroad. An estimated 292,000 American men and women
were killed in action and another 114,000 died of other causes and 671,000 were
wounded.
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G. In 1938, the Western Allies (United Kingdom, France, Poland and British Dominions)
had a 30% larger population and a 30% higher gross domestic product than the European
Axis (Germany and Italy); if colonies are included, giving the Allies a more than a 5:1
advantage in population and nearly 2:1 advantage in GDP. In Asia at the same time,
China had roughly six times the population of Japan, but only an 89% higher GDP. To
win the war the US economy was dedicated to the war effort and government
expenditures and debts dramatically increased. In an effort to maintain international
peace, the Allies formed the United Nations, which officially came into existence on
October 24, 1945, and adopted The Universal Declaration of Human Rights in 1948, as a
common standard of achievement for all member nations. The alliance between the
Western Allies and the Soviet Union had begun to deteriorate even before the war was
over, and the two powers quickly established their own spheres of influence that
materialized into the formation of the American-led NATO and the Soviet-led Warsaw
Pact military alliances and the start of the Cold War that would last 46 years..
Responding to Europe's calls for help, the international community established the
International Monetary Fund (IMF) and the International Bank for Reconstruction and
Development (the World Bank) on December 27, 1945. On April 2, 1948, through the
enactment of the Economic Cooperation Act, the United States responded by creating the
Marshall Plan (1948-52). In 1947 after hostilities had ceased the United States offered
$20 billion for reconstruction efforts in Europe aimed at reducing the hunger,
homelessness, sickness, unemployment, and political restlessness of the 270 million
people in sixteen nations in West Europe. At the beginning of the Korean War (June 25,
1950); after June 30, 1951, the remaining aid was folded into the Mutual Defense
Assistance Program. On December 10, 1953, George C. Marshall, the US Secretary of
State who drafted the plan, received the Nobel Peace Prize in Oslo, Norway.
§28 Korean War (1950-1953)
A.The Korean War lasted from June 25, 1950 to cease-fire on July 27, 1953 it was the
first proxy war in the Cold War (1945–91). Colonized by Japan after the First Sino-
Japanese War (1894-96) as a protectorate under Eulsa Treaty of 1905 and then annexed
under the Japan-Korea Annexation Treaty of 1910 by January 1945 Koreans were 32% of
Japan‘s labor force and 25% of the people killed by the atomic bomb dropped on
Hiroshima. Promised a free and independent nation by Churchill, Chiang Kai-shek and
Franklin D. Roosevelt in the Cairo Conference of November 1943 the Allies reneged at
the Potsdam Conference of July – August 1945 unilaterally deciding to divide Korea,
without consulting the Koreans. On August 10, 1945 the Korean peninsula was divided at
the 38th parallel. The US–USSR Joint Commission, agreed at the Moscow Conference
of Foreign Ministers (October 1945), again excluding the Koreans, that the country
would become independent after a five-year trusteeship. The resultant anti-communist
South Korean government, controlled via the United States Army Military Government
in Korea (USAMGIK 1945–48), promulgated a national political constitution (17 July
1948) elected a president, the American-educated strongman Syngman Rhee (20 July
1948), and established the Republic of South Korea on 15 August 1948. Likewise, in the
Russian Korean Zone of Occupation, the USSR established a Communist North Korean
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government led by Kim Il-sung. President Rhee's régime expelled communists and
leftists from southern national politics. The post-war Truth and Reconciliation
Commission estimated that the anti–communist ―Bodo League‖, abetted by the
USAMGIK, was responsible for the régime‘s assassination of 10,000 to 100,000, some
estimate as high as 1.2 million, leftist ―enemies of the state‖, whom they imprisoned and
dumped in trenches, mines, and the sea; before and after the 25 June 1950 North Korean
invasion.
B. U.S. troops withdrew from Korea in 1949 leaving the South Korean army relatively
ill-equipped. Meanwhile, the Soviet Union sent large amounts of military aid to North
Korea to facilitate the invasion planned by Kim Il-Sung. Under the guise of counter-
attacking a South Korean provocation raid, the North Korean Army (KPA) crossed the
38th parallel, behind artillery fire, at Sunday dawn of 25 June 1950. The KPA said that
Republic of Korea Army (ROK Army) troops, under command of the régime of the
"bandit traitor Syngman Rhee", had crossed the border first and that they would arrest
and execute Rhee. In the past year, both Korean armies had continually harassed each
other with skirmishes and each continually raided the other country across the 38th-
parallel border, as in a civil war. Hours after the invasion, the United Nations Security
Council unanimously condemned the North Korean aggression against the Republic of
South Korea (ROK), with UNSC Resolution 82, specifically authorized military
assistance to the ROK in Resolutions 83-85 beginning on June 27, 1950. The resolutions
had been adopted whereas the USSR, a veto-wielding power, had been boycotting the
Council meetings since January of that year, protesting that the (Taiwan) Republic of
China, and not the (mainland) People's Republic of China held a permanent seat in the
UN Security Council. The USSR challenged the legitimacy of the UN-approved war,
because (i) the ROK Army intelligence upon which Resolution 83 is based came from US
Intelligence; (ii) North Korea (Democratic People's Republic of Korea) was not invited as
a sitting temporary member of the UN, which violated UN Charter Article 32; and (iii)
the Korean warfare was beyond UN Charter scope, because the initial North–South
border fighting was classed as civil war.
C. The North Korean Army launched the "Fatherland Liberation War" with a
comprehensive air–land invasion using 231,000 soldiers, who captured scheduled
objectives and territory which they achieved with 274 T-34-85 tanks, some 150 Yak
fighters, 110 attack bombers, 200 artillery pieces, 78 Yak trainers, and 35 reconnaissance
aircraft. Additional to the invasion force, the KPA had 114 fighters, 78 bombers, 105 T-
34-85 tanks, and some 30,000 soldiers stationed in North Korea. At sea, although
comprising only several small warships, the North Korean and South Korean navies
fought in the war as sea-borne artillery for their in-country armies. In contrast, the ROK
Army defenders had 98,000 soldiers (65,000 combat, 33,000 support), no tanks, and a
twenty-two piece air force comprising 12 liaison-type and 10 AT6 advanced-trainer
airplanes. There were no large foreign military garrisons in Korea at invasion time—but
there were large US garrisons and air forces in Japan. On 27 June 1950, President
Truman ordered US air and sea forces to help the South Korean régime. On 5 July 1950,
Task Force Smith attacked the North Koreans at Osan but without weapons capable of
destroying the North Korean's tanks and the KPA progressed southwards, by August, the
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KPA had pushed back the ROK Army and the US Eighth Army to the Pusan city vicinity,
in southeast Korea. In their southward advance, the KPA killed civil servants and
intellectuals. On 20 August, Gen. MacArthur warned North Korean Leader Kim Il-Sung
that he was responsible for the KPA‘s atrocities.
D. By September, the UN Command controlled only the Pusan city perimeter, about 10%
of Korea. The US attacked KPA supplies and was steadily reinforced from Japan and San
Francisco. By early September 1950, ROK Army and UN Command forces were
prepared—they out-numbered the KPA 180,000 to 100,000 soldiers, and then
counterattacked. On September 15, 1950 an amphibious assault was launched on
Incheon and 70,000 US and 8.700 ROK soldiers quickly captured the city. US cavalry
recaptured Seoul and on October 1, 1950 UN Command repelled the KPA across the 38th
parallel, followed by ROK forces and six day later, UN command followed ROK forces
northward capturing Pyongyang on October 19, 1950. After two minor skirmishes on
October 25th, the first major Chinese–American battles occurred on 1 November 1950;
deep in North Korea, thousands of PVA soldiers encircled and attacked scattered UN
Command units with three-prong assaults—from the north, northwest, and west—and
overran the defensive-position flanks in the Battle of Unsan. The Chinese Winter
Offensive overwhelmed the UN Command forces and the PVA and KPA conquered
Seoul on 4 January 1951. On 7 March 1951, the PVA and the KPA were expelled from
the South Korean capital city on 14 March 1951. This was the city's fourth conquest in a
years‘ time, leaving it a ruin; the 1.5 million pre-war populations was down to 200,000,
and the people were suffering from severe food shortages. The Chinese counterattacked
in April 1951, with the Chinese Spring Offensive with about 700,000 men. The UN
counterattacked and regained ―Line Kansas‖, just north of the 38th parallel beginning a
stalemate that lasted until the armistice of 1953. Protracted armistice negotiations began
10 July 1951 at Kaesong but hostilities continued until the cease fire of July 27, 1953.
E. In the three-year Korean War (1950–53), the US Air Force (USAF) and the UN
Command air forces extensively bombed the cities and villages of North Korea and parts
of South Korea. Eighteen of North Korea‘s cities were more than 50% destroyed. An
estimated 36,940 US troops were killed: 33,686 battle deaths, 2,830 non-battle deaths,
and 17,730 deaths of Defense Department personnel outside the Korean theatre. There
were also 8,142 US personnel listed as Missing In Action (MIA) during the war. 600,000
Korean soldiers died in the conflict according to US estimates. According to figures
published in the Soviet Union, 11.1% of the total population of North Korea perished:
100,000–1,500,000 Chinese People‘s Volunteer Army (PVA) soldiers were killed, most
estimate some 400,000 killed; 214,000–520,000 Korean People‘s Army (KPA) were
killed; most estimate some 500,000; and ROK Civilians some 245,000 soldiers and
415,000 civilians killed; Total civilians killed some 1,500,000–3,000,000; most estimate
some 2,000,000 killed. A major, problematic negotiation was prisoner of war (POW)
repatriation. Many PVA and KPA soldiers refused to be repatriated back to the north.
The United States Senate Subcommittee on Korean War Atrocities reported that ―... two-
thirds of all American prisoners of war in Korea died as a result of war crimes‖. The
North Korean Government reported that of 70,000 ROK Army POWs only 8,000 were
repatriated. South Korea repatriated 76,000 KPA POWs. Besides the 12,000 US–UN
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Command forces POWs dead in captivity, the KPA might have press-ganged some
50,000 ROK POWs into the North Korean military. UN Command ceased fire on 27
July 1953, with the battle line approximately at the 38th parallel. Upon agreeing to the
armistice, the belligerents established the Korean Demilitarized Zone (DMZ), running
along the 38th parallel. Rhee‘s ROK government never signed the armistice and North
Korea unilaterally withdrew from the armistice on 27 May 2009.
§29 Vietnam War (1964-1973)
A.The Vietnam War, also known as the Second Indochina War, was a Cold War military
conflict that occurred in Vietnam, Laos, and Cambodia from September 26, 1959 to April
30, 1975. France had began its conquest of Indo-China in 1859 and by 1888 Vietnam
and Cambodia were made colonies of France who was conquered by Germany in 1940
and the French authorities were interned by the Japanese on March 9, 1945. After the
Japanese surrender, Ho Chi Minh, leader of the Viet Minh communist revolutionaries,
declared the independent Democratic Republic of Vietnam before a crowd of 500,000 in
Hanoi on September 2, 1945 and the Viet Minh won elections in north and central
Vietnam. However allied victors determined the territory belonged to the French
triggering the First Indochina War (1946-53) that spread to Laos and Cambodia. Chinese
military advisors began assisting the Viet Minh in July 1950. The US responded by
supporting the French and by 1954, the U.S. had supplied 300,000 small arms and spent
US$1 billion, 80 percent of the cost of the war. The Geneva Conference of July 21, 1954
negotiated a ceasefire agreement between the French and the Viet Minh granting
independence to Cambodia, Laos, and Vietnam. Vietnam was to be temporarily
partitioned along the 17th parallel pending national elections to be held by July 20, 1956.
B. In the north, the Viet Minh established a socialist state, the Democratic Republic of
Vietnam, and engaged in a drastic land reform program in which an estimated eight
thousand perceived "class enemies" were executed. In 1956 the Communist Party leaders
of Hanoi admitted to "excesses" in implementing this program and restored a large
amount of the land to the original owners. In the south a non-communist state was
established under the Emperor Bao Dai, a former puppet of the French and the Japanese,
Ngô Đình Diệm became his prime minister. In June 1955, Prime Minister Ngo Dinh
Diem of the State of Vietnam (South Vietnam) announced that elections would not be
held. Beginning in the summer of 1955, Diem launched the "Denounce the Communists"
campaign, during which communists and other anti-government elements were arrested,
imprisoned, tortured, or executed and about 12,000 suspected opponents of Diem were
killed in the years 1955–1957 and by the end of 1958 an estimated 40,000 political
prisoners had been jailed. In a referendum on the future of the monarchy, Diem rigged
the poll supervised by his brother Ngo Dinh Nhu and was accredited with 98.2 percent of
the vote, including 133% in Saigon. His American advisers had recommended a more
modest winning margin of "60 to 70 percent." Diem, however, viewed the election as a
test of authority. On 26 October 1955, Diem declared the new Republic of Vietnam, with
himself as president. Ho Chi Minh responded, with "armed propaganda" and our hundred
Diem appointed village chiefs were assassinated, 20 percent, by 1958.
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C. President Dwight D. Eisenhower wrote that, in 1954, "80 per cent of the population
would have voted for the Communist Ho Chi Minh". The Domino Theory, which argued
that if one country fell to communist forces, then all of the surrounding countries would
follow, was echoed by John F. Kennedy, then a U.S. senator, who said in a speech to the
American Friends of Vietnam: "Burma, Thailand, India, Japan, the Philippines and
obviously Laos and Cambodia are among those whose security would be threatened if the
Red Tide of Communism overflowed into Vietnam‖. Under the Foreign Assistance Act
of 1961 that created the subversive USAID Bureau for Asia and the Near East (ANE)
President Kennedy initiated the Strategic Hamlet Program in 1961 with the South
Vietnamese attempting to resettle the rural population into fortified camps. Around
52,000 Vietnamese civilians moved from south to north and 800,000 people fled north.
By 1963, there were 16,000 American military personnel in South Vietnam, up from
Eisenhower's 900 advisors, U.S military advisers were embedded at every level of the
South Vietnamese armed forces. The CIA supported generals planning to remove Diem
and on November 2, 1963 President Diem was overthrown and executed, shortly
thereafter on November 22, 1963 Kennedy was assassinated. In response to several naval
confrontations President Johnson signed the Gulf of Tonkin Resolution, officially the
Southeast Asia Resolution, Public Law 88-408 on August 7, 1964 giving the president
power to conduct military operations in Southeast Asia without declaring war. Escalation
of the Vietnam War officially started on the morning of 31 January 1965 and "Rolling
Thunder" deluged the north with a million tons of missiles, rockets and bombs, on 8
March 1965, 3,500 United States Marines were dispatched to South Vietnam to protect
US Air Force bases and by December that number had increased to 200,000. The
political situation in South Vietnam began to stabilize somewhat with the coming to
power of Vice President Nguyen Cao Ky and President Nguyen Van Thieu in 1967 who
remained president until 1975.
D. In January 1968, the North Vietnamese launched the surprise Tet Offensive sacking
over 100 cities. Suffering losses at the polls Johnson declined to run for a second term.
Severe communist losses during the Tet Offensive allowed U.S. President Richard M.
Nixon to begin troop withdrawals. His plan, called the Nixon Doctrine or Vietnamization,
was to build South Vietnam defenses. Nixon also began to pursue détente with the Soviet
Union and rapprochement with the People's Republic of China. This policy helped to
decrease global tensions. Détente led to nuclear arms reduction on the part of both
superpowers. In September 1969, Ho Chi Minh died at age seventy-nine. In 1970, Prince
Sihanouk of Cambodia was deposed by his pro-American Prime Minister Lon Nol, the
country's borders were closed, and the U.S. and South Vietnamese launched incursions
into Cambodia to attack communist bases and buy time for South Vietnam.
Vietnamization was tested by the Easter Offensive of 1972, a massive conventional
invasion of South Vietnam that quickly overran the northern provinces in coordination
with other forces attacking from Cambodia. U.S. troop withdrawals continued but
American airpower came to the rescue with Operation Linebacker, and the offensive was
halted. However, it became clear that without American airpower South Vietnam could
not survive. The last remaining American ground troops were withdrawn in August of
1972. The Paris Peace Accords Agreement on Ending the War and Restoring Peace in
Vietnam of January 17, 1973 officially ending direct U.S. involvement in Vietnam. A
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cease-fire was declared across North and South Vietnam. U.S. POWs were released. The
agreement guaranteed the territorial integrity of Vietnam and called for national elections
in the North and South, stipulating a sixty-day period for the total withdrawal of U.S.
forces and on June 4, 1973, the U.S. Senate passed the Case-Church Amendment to
prohibit further intervention in Vietnam.
E. At the start of 1975 the South Vietnamese had three times the artillery and twice the
tanks and armored cars as the opposition; they also had 1,400 aircraft and a two-to-one
numerical superiority in combat troops over their Communist enemies. Nevertheless, they
faced a well-organized, highly determined and well-funded North Vietnam and by the
end of April, the Army of the Republic of South Vietnam had collapsed on all fronts. In
1976 North and South Vietnam were unified. The Pathet Lao overthrew the royalist
government of Laos in December 1975. Phnom Penh, the capital of Cambodia, fell to the
Khmer Rouge on 17 April 1975 and over the next four years the Khmer Rouge would
enact a genocidal policy that would kill over one-fifth of all Cambodians, or more than a
million people. After repeated border clashes in 1978, Vietnam invaded Democratic
Kampuchea (Cambodia) and ousted the Khmer Rouge in the Cambodian–Vietnamese
War (1975-79) ending the Cambodian genocide. In response, China invaded Vietnam in
1979. The two countries fought a brief border war, known as the Third Indochina War or
the Sino-Vietnamese War. From 1978 to 1979, when some 450,000 ethnic Chinese left
Vietnam by boat as refugees or were expelled across the land border with China. They
established the Lao People's Democratic Republic. More than 3 million people fled from
Vietnam, Laos, and Cambodia, many as "boat people". Most Asian countries were
unwilling to accept refugees. Since 1975, an estimated 1.4 million refugees from Vietnam
and other Southeast Asian countries have been resettled to the United States.
F. The war exacted a huge human cost in terms of fatalities, including 3 to 4 million
Vietnamese from both sides, 1.5 to 2 million Laotians and Cambodians, and 58,193 U.S.
soldiers. In 1995, the Vietnamese government reported that its military forces, including
irregulas suffered 1.1 million dead and 600,000 wounded during Hanoi's conflict with the
United States. The U.S. military has estimated that between 200,000 and 250,000 South
Vietnamese soldiers died in the war. Civilian deaths were put at two million in the North
and South, where 17% of the population perished. Estimates of civilian deaths caused by
American bombing in Operation Rolling Thunder range from 52,000 to 182,000. More
than 3 million Americans served in Vietnam, by war's end, 58,193 US soldiers were
killed, including 2,000 Missing in Action (MIA), more than 150,000 were wounded, and
at least 21,000 were permanently disabled. Approximately 830,000 Vietnam veterans
suffered symptoms of posttraumatic stress disorder. Approximately 320,000 South
Korean soldiers were sent to Vietnam, each serving a one year tour of duty. Maximum
troop levels peaked at 50,000 in 1968 however all were withdrawn by 1973, more than
5,000 South Koreans were killed and 11,000 were injured during the war. Australia‘s
peak commitment was 7,672 combat troops, New Zealand's 552. Some 10,450 Filipino
troops were dispatched to South Vietnam. In 1991, Russian officials acknowledged that
the Soviet Union had stationed up to 3,000 troops in Vietnam during the war. An
estimated 125,000 Americans fled to Canada to avoid the Vietnam draft, and
approximately 50,000 American servicemen deserted. In 1977, United States President
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Jimmy Carter granted a full, complete and unconditional pardon to all Vietnam-era draft
evaders. In 1961 and 1962, the Kennedy administration authorized the use of chemicals
to destroy rice crops. Between 1961 and 1967, the U.S. Air Force sprayed 20 million U.S.
gallons (75,700,000 L) of concentrated herbicides over 6 million acres (24,000 km2) of
crops and trees, affecting an estimated 13% of South Vietnam's land. In 1965, 42% of all
herbicide was sprayed over food crops. As of 2006, the Vietnamese government
estimates that there are over 4,000,000 victims of dioxin poisoning in Vietnam. In some
areas of southern Vietnam dioxin levels remain at over 100 times the accepted
international standard. Between 1965 and 1975, the United States spent $111 billion on
the war ($686 billion in FY2008 dollars).
§30 Gulf War (1990-1991)
A.The Persian Gulf War from 2 August 1990 to 28 February 1991, was also known as the
Gulf War, the First Gulf War, Operation Desert Shield (defending Saudi territory),
Operation Desert Storm (the liberation of Kuwait, by U.S. Forces, Operation Granby by
the British, Operation Friction by the French and by Saddam Hussein as the Mother of all
Battles was a conflict between Iraq and a coalition force of approximately 30 nations led
by the United States and mandated by the United Nations in order to liberate Kuwait.
U.S.-Iraq relations had always been rocky as the result of Soviet support after a period of
neutrality after the invasion of Iran the US became a supporter of Iraq in the Iran-Iraq
War (1980-88). By the time of the ceasefire Iraq was bankrupt and heavily indebted to
Saudi Arabia and Kuwait. Iraq pressured both nations to forgive the debts, but they
refused. Kuwait was also accused by Iraq of exceeding its OPEC quotas and driving
down the price of oil, thus further hurting the Iraqi economy, which it claimed was
aggravated by Kuwait slant-drilling across the border into Iraq's Ramallah oil field. The
British had artificially divided the borders of Iraq and Kuwait in 1899 limiting Iraq access
to the coast, and Iraq refused to recognize Kuwait until 1963. In early July 1990 Iraq
openly threatened to take military action. On the 23rd, the CIA reported that Iraq had
moved 30,000 troops to the Iraq-Kuwait border, and the U.S. naval fleet in the Persian
Gulf was placed on alert. On the 31st, negotiations between Iraq and Kuwait in Jeddah
failed violently. On August 2, 1990 Iraq launched an invasion with its warplanes,
bombing Kuwait City, the Kuwaiti capital. The main thrust was conducted by
commandos deployed by helicopters and boats to attack the city, while other divisions
seized the airports and two airbases. Kuwait did not have its forces on alert, and was
caught unaware. After two days of intense combat, most of the Kuwaiti Armed Forces
were either overrun by the Iraqi Republican Guard, or had escaped to neighboring Saudi
Arabia.
B. The military hypocrisy that goaded Saddam Hussein to invade Kuwait was
precipitated by Operation Just Cause, an illegal U.S. military invasion of Panama that
deposed Manuel Noriega in December 1989. The operation involved 27,684 U.S. troops
and over 300 aircraft against the 3,000 members of the Panama Defense Force (PDF)
Bush. The US lost 23 soldiers and the Panamanian soldiers 50, at least 300 civilians died
from the invasion and 15,000 were displaced of whom only 3,000 were compensated. On
December 22 the Organization of American States passed a resolution deploring the
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invasion and calling for withdrawal of U.S. troops. A similar resolution was passed on
December 29 by the United Nations General Assembly. Earlier, a Security Council
resolution condemning the invasion had been vetoed by the United States, United
Kingdom and France. Under the Torrijos-Carter treaties, the United States was scheduled
to hand over the administration of the canal to Panama on January 1, 1990. Executive
Order 12710 Termination of emergency with respect to Panama was signed: April 5,
1990. The false arrest of Former Panamanian President Manuel Antonio Noriega was a
grave breech of Art. XI (2,4) Panama Canal Treaty of 1977 that specifically grants all
jurisdiction of criminal justice functions regarding Panamanians to Panama. After his
release Noriega was sent to serve equally false charges in France.
C. George H. Bush signed Executive Order 12722 Blocking Iraqi government property
and prohibiting transactions with Iraq on August 2, 1990. Within hours of the invasion,
Kuwaiti and US delegations requested a meeting of the UN Security Council, which
passed Resolution 660, condemning the invasion and demanding a withdrawal of Iraqi
troops. On 3 August the Arab League passed its own resolution, which called for a
solution to the conflict from within the League, and warned against outside intervention.
On 6 August UN Resolution 661 placed economic sanctions on Iraq. United Nations
Security Council Resolution 665 followed soon after, which authorized a naval blockade
to enforce the economic sanctions against Iraq. It said the ―use of measures
commensurate to the specific circumstances as may be necessary … to halt all inward and
outward maritime shipping in order to inspect and verify their cargoes and destinations
and to ensure strict implementation of resolution 661‖. Out of fear the Iraqi army could
launch an invasion of Saudi Arabia, U.S. President George H. W. Bush quickly
announced that the U.S. would launch a "wholly defensive" mission to prevent Iraq from
invading Saudi Arabia under the codename Operation Desert Shield beginning on August
7, 1990 at the request of its monarch, King Fahd. Military buildup reached 543,000
troops, twice the number used in the 2003 invasion of Iraq. A series of UN Security
Council resolutions and Arab League resolutions were passed regarding the invasion of
Kuwait by Saddam Hussein's Iraq. One of the most important was Resolution 678, passed
on 29 November 1990, which gave Iraq a withdrawal deadline until 15 January 1991, and
authorized ―all necessary means to uphold and implement Resolution 660,‖ and a
diplomatic formulation authorizing the use of force if Iraq fail to comply.
D. The United States assembled a coalition of forces to join it in opposing Iraq's
aggression, consisting of forces from 34 countries: Members of the Coalition included
Argentina, Australia, Bahrain, Bangladesh, Belgium, Canada, Czechoslovakia, Denmark,
Egypt, France, Greece, Honduras, Hungary, Italy, Kuwait, Morocco, Netherlands, New
Zealand, Niger, Norway, Oman, Pakistan, Philippines, Poland, Portugal, Qatar, Romania,
Saudi Arabia, Senegal, South Korea, Spain, Syria, Turkey, United Arab Emirates, United
Kingdom, and the United States of America. Although they did not contribute any
forces, Japan and Germany made financial contributions totaling $10 billion and $6.6
billion respectively. US troops represented 73% of the coalition‘s 956,600 troops in Iraq.
On 12 January 1991 the United States Congress authorized the use of military force to
drive Iraq out of Kuwait. The votes were 52-47 in the US Senate, and 250-183 in the US
House of Representatives. These were the closest margins in authorizing force by the
Congress since the War of 1812. Soon after, the other states in the coalition followed suit.
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On January 17, 1991, a day after the deadline set in Resolution 678 the coalition launched
a massive air campaign, beginning Operation Desert Storm with more than 1,000 sorties
launching per day beginning on January 17, 1991 the coalition flew over 100,000 sorties,
dropping 88,500 tons of bombs. On January 21, 1991 President George Bush Sr. Signed
Executive Order 12744 Designation of Arabian Peninsula areas, airspace, and adjacent
waters as a combat zone. On January 23, Iraq dumped 400 million gallons of crude oil
into the Persian Gulf, causing the largest oil spill in history. On January 29, Iraq attacked
and occupied the lightly defended Saudi city of Khafji with tanks and infantry. The Battle
of Khafji ended two days later when the Iraqis were driven back by Saudi and Qatari
forces, supported by the United States Marine Corps with close air support and extensive
artillery fire. Casualties were heavy on both sides.
E. The ground phase of the war was given the official designation Operation Desert
Sabre, beginning in late January. On February 22, 1991, Iraq agreed to a Soviet-proposed
cease-fire agreement. The agreement called for Iraq to withdraw troops to pre-invasion
positions within six weeks following a total cease-fire, and called for monitoring of the
cease-fire and withdrawal to be overseen by the UN Security Council. The Coalition
rejected the proposal, but said that retreating Iraqi forces would not be attacked], and gave
twenty-four hours for Iraq to begin withdrawing forces. On February 24, British and
American armored forces crossed the Iraq/Kuwait border and entered Iraq in large
numbers. On February 26, Iraqi troops began retreating from Kuwait, after they had set
its oil fields on fire (737 oil wells were set on fire). A long convoy of retreating Iraqi
troops formed along the main Iraq-Kuwait highway. Although they were retreating, this
convoy was bombed so extensively by Coalition air forces that it came to be known as
the Highway of Death. Hundreds of Iraqi troops were killed. Forces from the United
States, the United Kingdom, and France continued to pursue retreating Iraqi forces over
the border and back into Iraq, fighting frequent battles which resulted in massive losses
for the Iraqi side and light losses on the coalition side, eventually moving to within 150
miles (240 km) of Baghdad before withdrawing from the Iraqi border. One hundred
hours after the ground campaign started, on February 28, President Bush declared a
cease-fire, and he also declared that Kuwait had been liberated. On March 10, 1991,
540,000 American troops began to move out of the Persian Gulf and on July 25, 1991 the
U.S. war was concluded in Executive Order 12771 Revoking earlier orders with respect
to Kuwait. Only a few entrenched commandoes remained in US military bases in Kuwait
and Saudi Arabia where US and British air forces and Marines enforced a trade embargo
against Iraq and made regular covert bombing incursions into the Iraqi no fly zone, north
of the 36th parallel and south of the 32nd parallel, killing at least 100 people every year.
F. Iraqi troops numbered approximately 545,000 to 600,000 however many of the Iraqi
troops were young, under-resourced, and poorly trained conscripts. The Coalition
committed 540,000 troops, and a further 100,000 Turkish troops were deployed along the
Turkish-Iraqi border. This caused a significant force dilution of the Iraqi military by
forcing it to deploy its forces along all its borders. An estimated 1,000 Kuwaiti civilians
killed during the Iraqi occupation in addition to 300,000 refugees. The final number of
Iraqi civilians killed was 2,278, while 5,965 were reported wounded and between 20,000
and 26,000 military personnel, were killed in the conflict, while 75,000 Iraqi soldiers
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were wounded. U.S. forces suffered 148 battle-related deaths (35 to friendly fire), with
one pilot listed as MIA (his remains were found and identified in August 2009). A further
145 Americans died in non-combat accidents. The UK suffered 47 deaths (9 to friendly
fire), France two, and the Arab countries, not including Kuwait, suffered 37 deaths (18
Saudis, 10 Egyptians, 6 UAE, and 3 Syrians). At least 605 Kuwaiti soldiers were still
missing 10 years after their capture. In all, 190 coalition troops were killed by Iraqi fire
during the war, 113 of whom were American, out of a total of 358 coalition deaths.
Another 44 soldiers were killed, and 57 wounded, by friendly fire. 145 soldiers died of
exploding munitions, or non-combat accidents. The number of coalition wounded in
combat seems to have been 776, including 458 Americans. However, as of the year 2000,
183,000 U.S. veterans of the Gulf War, more than a quarter of the U.S. troops who
participated in War, have been declared permanently disabled by the Department of
Veterans Affairs for reason of serious neurological symptoms theoretically caused by
exposure to depleted uranium, chemical weapons, anthrax vaccines given to deploying
soldiers, and/or infectious diseases. The cost of the war to the United States was
calculated by the United States Congress to be $61.1 billion. About $52 billion of that
amount was paid by different countries around the world: $36 billion by Kuwait, Saudi
Arabia and other Persian Gulf States; $16 billion by Germany and Japan (which sent no
combat forces due to their constitutions). About 25% of Saudi Arabia's contribution was
paid in the form of in-kind services to the troops, such as food and transportation. U.S.
troops represented about 74% of the combined force, and the global cost was therefore
higher.
§31 Cambodia, Rwanda and Yugoslavia (1993-present)
A.In the 1990s there was renewed enthusiasm for war crime tribunals to combat impunity
and punish the perpetrators of torture, genocide and grave breaches of international
humanitarian law. Military tribunals have been constituted during wars, in their
aftermath and during colonial occupations and military dictatorships, for the military to
try enemy combatants and civilians. Generally, courts-martial are reserved for the
discipline of uniformed soldiers of the military service holding the trial. The
International Military Tribunal for Germany in Nuremburg (1945-47) and the
International Military Tribunal for the Far East in Tokyo (1946-48) were constituted after
World War II to try major war criminal from the defeated Axis Powers in Germany and
Japan. At the time the trials were conducted, they were enormously controversial among
Germans who initially dismissed the proceedings as political show trials. The Nuremberg
trials did not significantly enable Germans to come to grips with the horrific crimes that
were committed by the Nazi government. This reckoning only occurred decades later
when a new generation began to ask questions about individual responsibility during the
Third Reich. In the Far East, after the war, the Allies were very reliant upon Japanese
administrators for their colonial protectorates and only the highest ranking officers were
tried. Although the trials leave an interesting record documenting the war crime of
leadership in subsequent military conflicts the military tribunal fell out of use until the
1990s.
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B. The Security Council created two ad-hoc international criminal tribunals, the
International Criminal Tribunal for the former Yugoslavia (ICTY) in UN Security
Council resolution 808 (1993) and the International Criminal Tribunal for Rwanda
(ICTR) in Security Council resolution 955 (1994) to try alleged perpetrators of genocide,
war crimes, crimes against humanity, and other serious violations of international
humanitarian law in those particular conflicts. On April 30, 1994 the U.S. passed the
Cambodian Genocide Justice Act to provide funding for the trial of crimes against
humanity committed by the Khmer Rouge regime in the 1975-79 and the Cambodian
Tribunal was constituted in the Extraordinary Chambers in the Courts of Cambodia. In
1998, more than 150 countries completed negotiations to establish the International
Criminal Court (ICC), a permanent international court charged with prosecuting war
crimes, crimes against humanity, and genocide. In August 2001, an Ad Hoc Human
Rights Court on East Timor was established in Indonesia. In 2002, taking a different
"hybrid" approach, the United Nations signed an agreement with the government of
Sierra Leone to create the Special Court for Sierra Leone. In 2004 the Iraqi Governing
Council drafted a law to establish a domestic war crimes tribunal to prosecute the former
Iraqi leadership for crimes including genocide, crimes against humanity, war crimes,
torture, "disappearances," and summary and arbitrary executions committed during Ba`th
Party rule executing Saddam Hussein and other high level officials from the former
regime against the protests of the international community. Pursuant to Security Council
resolution 1664 (2006), the United Nations and the Lebanese Republic negotiated an
agreement on the establishment of the Special Tribunal for Lebanon to try all those who
are alleged responsible for the attack of 14 February 2005 in Beirut that killed the former
Lebanese Prime Minister Rafiq Hariri and 22 others.
C. By 2001, steps to enhance international justice began to encounter broadening political
opposition. Electoral changes on both sides of the Atlantic brought in political leaders
less supportive of these courts. The Bush administration's unilateralist policies were
hostile to international institutions. The election of several new governments in Europe
reduced the willingness of the European Union to stand up to such hostility. The attacks
of September 11, 2001 further contributed to a shift away from support for international
justice. With Security Council members increasingly sceptical of the utility of the
tribunals and concerned with rising costs, political and financial support waned. Having
consumed roughly two billion US dollars in funding from the international community
since the mid Nineties, the UN's ad-hoc tribunals for the former Yugoslavia and Rwanda
were pressured to adopt a "completion strategy" with a 2010 deadline in (S/2002/678)
ordering them to take all possible measures to complete investigations by the end of
2004, to complete all trial activities at first instance by the end of 2008, and to complete
all work in 2010. Struggling with appeals the International Criminal for the Former
Yugoslavia most recently petitioned for an extension of time until 2013. Besides the cost
of the trials, that open the window of opportunity for bribery, graft, conflict of interest,
corruption and coup, there are serious doubts as to whether the international tribunals and
court actually expedite international justice and security or if they undermine it.
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D. The International Criminal Tribunal for Rwanda has tried only 13 prisoners regarding
the Rwandan Genocide while the Gannaca Courts have tried 200,000. The Rwandan
genocide began on April 6, 1994 when a plane carrying President Juvénal Habyarimana
of Rwanda and President Cyprien Ntaryamira of Burundi crashed at Kigali airport, killing
all on board. Following the deaths of the two Presidents, widespread killings, having both
political and ethnic dimensions, began in Kigali and spread to other parts of Rwanda. All
told the genocide in Rwanda claimed nearly 500,000 victims and as the result of the
punishment of this crime of genocide the Rwandan prison concentration has become the
second densest in the world after the United States. The Khmer rouge genocide that took
the lives of an estimated 2 million Cambodians was a particularly repressive communist
revolution that relocated city people to the countryside to create a rural society, abolished
money, prohibited freedom of association of more than two people and turned
government buildings into prisons where millions were tortured and killed. In 1975
Indonesia invaded East Timor (then a Portugese Colony). The UN never recognised
Indonesian sovereignty in East Timor and in 1999 the UN finally organized a referendum
in which the East Timorese voted for independence. In response, the Indonesian National
Army and pro-Indonesian Timorese militias began a campaign of violence and arson,
murdering an estimated 2,000 people and forcing 500,000 to flee their homes. Giving in
to international pressure the Indonesian government allowed the creation of an ad-hoc
Court for East Timor. The Special Court for Sierra Leone was set up jointly by the
Government of Sierra Leone and the United Nations. It is mandated to try those who bear
the greatest responsibility for serious violations of international humanitarian law and
Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996.
E. ICTY is particularly controversial because they located their criminal proceedings in
the Hague, were in contempt of reparations to Yugoslavia, a once wealthy Eastern
European nation that became extremely impoverished as the result of the military
occupation and can be construed as having overthrown the International Court of Justice
and maybe entire United Nations with the International Criminal Court in the spirit of the
assassination of unpopular Austrian Archduke Ferdinand by Serbian nationalist Gavrilo
Princip, that triggered WWI. In 1989, Milosevic became president of Serbia in an
election widely considered rigged and extended his term beyond its limits from 1997 to
2001. His decade of conflict ended with 250,000 dead and the Yugoslav federation torn
asunder. Reparations were first demanded by the International Court of Justice in 1993.
A U.S.-brokered peace agreement was reached at Dayton Peace Accords in Dayton, Ohio
that were signed 1 December 1995. In February 1998, Milosevic sent troops to crush a
foreign financed uprising and in 1999, NATO conducted 78 days of air strikes on
Yugoslavia for which the ICJ ordered reparations that were held in contempt by NATO
nations. Milosevic was arrested on 2 April 2001 and brought to The Hague to be tried.
Milosevic was killed in prison on March 11, 2006 as was (innocent) Milan Babic on
March 5, 2006 then when WHO Director General Lee Jong-wook was probably going to
condemn the conditions in the prison he was killed by a brain aneurism the day before the
World Health Assembly 2006. The subsequent international economic depression can be
attributed to the impunity with which the ICC launched a bloody coup, appointing a
Korean estate lawyer Secretary-General, ruthlessly dominating international civil and
political affairs with a very toxic slave trade authorized to assassinate since the
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establishment of the Special Tribunal in Lebanon in 2005. These international criminal
tribunals and courts need to be removed from the H(Pl)ague for the security,
independence and supremacy of the ICJ, to prevent the military dictatorship of the UN
from devolving into a genocidal secret police force, and the temporary, archival, nature
of international military tribunals must be stressed, criminal responsibility for prisoners
transferred to national judicial systems and at least of the ICC case load devoted to
judicial misconduct. The United States must make these reasonable demands of the
previous sentence regarding their reluctance to accede to the ICC.
§32 War in Afghanistan (2001-present)
A.The War in Afghanistan (2001-present) is an is an ongoing coalition conflict which
began on October 7, 2001, in response to the September 11 attacks, called Operation
Enduring Freedom by the Americans and Operation . The International Security
Assistance Force (ISAF), was established by the UN Security Council at the end of
December 2001 to secure Kabul and the surrounding areas. NATO assumed control of
ISAF in 2003. After a long period of peace under King Zahir Shah (1933-1973) when
Afghanistan was neutral, enjoying development benefits from both the U.S. and U.S.S.R.,
the usurper persecuted the communists who killed him and his family and overthrew the
government in 1978. Citing the 1978 Treaty of Friendship, Cooperation and Good
Neighborliness over 100,000 Soviet troops intervened on December 24, 1979. The Soviet
occupation sparked a civil war and resulted in the killings of between six hundred
thousand and 2 million Afghan civilians. Over 5 million Afghans fled their country to
Pakistan, Iran and other parts of the world. The US alone supplied approximately $3
billion in economic and covert military assistance to mujahadeen groups between 1980
and 1989. Faced with mounting international pressure and great number of casualties on
both sides, the Soviets withdrew in 1989 under the Geneva Accords of May 15, 1988.
Americans abandoned Afghanistan after the war and the Soviets in 1992 whereupon a
period of warlords and civil war and opium cultivation led to a Taliban victory in 1996
and repressive fundamentalist rule that gave asylum to Osama bin Laden‘s Al Qaeda. In
2000 the Taliban prohibited opium and production was reduced 90%.
B. Osama Bin Laden had been living in Afghanistan along with other members of Al-
Qaeda, operating militant training camps having a loose alliance with the Taliban.
Sanctions to encourage them to turn over Bin Laden for trial in the deadly bombings of
two U.S. embassies in Africa in August 1998 failed. According to a 2004 report by the
bipartisan commission of inquiry into 9/11, one day before the September 11, 2001
attacks, the Bush administration agreed on a plan to oust the Taliban regime in
Afghanistan by force if it refused to hand over Osama bin Laden and as early as mid-July
2001 it had been rumored that military action against Afghanistan would proceed by the
middle of October Thirty days after the events of September 11, 2001, U.S. President
George W. Bush identified Osama Bin Laden as the 'prime suspect' in the attacks and
demanded the Taliban turn over all Al Qaeda leaders, shut down the bases and allow the
U.S. to verify the closures. The Taliban government responded through their embassy in
Pakistan, asserting that there was no evidence in their possession linking bin Laden to the
September 11 attacks, stressing that bin Laden was a guest in their country and Pashtun
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and Taliban codes of behavior require that guests be granted hospitality and asylum. The
United Arab Emirates, and Saudi Arabia withdrew their recognition of the Taliban,
leaving neighboring Pakistan as the only country with diplomatic ties. On October 7,
2001, before the onset of military hostilities, the Taliban did offer to try bin Laden in
Afghanistan in an Islamic court. This offer was rejected by the U.S., and the bombing of
targets within Afghanistan by U.S. and British forces commenced the same day. On
October 14, 2001, seven days into the U.S./British bombing campaign, the Taliban
offered to surrender Osama bin Laden to a third country for trial, if the bombing halted
and they were shown evidence of his involvement in the September 11 terrorist attacks.
This offer was also rejected by U.S. President Bush, who declared "There's no need to
discuss innocence or guilt. We know he's guilty."
C. The United Nations Security Council (UNSC) did not specifically authorize the U.S.-
led military campaign in Afghanistan (Operation Enduring Freedom) but UN Security
Council Resolution 1368 (2001) authorized action against those responsible for the 9-11
suicide attacks. The coalition strategy was primarily a aerial bombing campaign with
some ground support for the Northern Alliance forces. On the night of November 12,
2001 Taliban forces fled the city of Kabul, leaving under cover of darkness. By the time
Northern Alliance forces arrived in the afternoon of November 13, 2001. The UN invited
major Afghan factions, excluding the Taliban, to a conference in Bonn, Germany on
November 2001. The Bonn Agreement of December 5, 2001 was signed, forming an
interim administration headed by Hamid Karzai and authorizing an international
peacekeeping force to maintain security in Kabul. Unlike most peace agreements, Bonn
did not force the warring factions to lay down their arms; nor did it institute a process for
establishing truth or accountability for past crimes. Bonn legitimized these warlords by
granting them prominent positions and power within the interim government. On
December 20, 2001, the UNSC did authorize the creation of an International Security
Assistance Force (ISAF) with authority to take all measures necessary to fulfill its
mandate of assisting the Afghan Interim Authority in maintaining security. By the end of
2002 3,000 to 5,000 civilians had been killed by U.S. bombings exceeding the casualties
of 9-11. After managing to evade U.S. forces throughout mid-2002, the remnants of the
Taliban gradually began to regain their confidence. Command of the ISAF passed to
NATO on August 11, 2003.
D. The Afghanistan Compact was drafted at the London Conference on Afghanistan of
January 31 – February 1, 2006 to provide the framework for international community
engagement in Afghanistan for the next five years. It sets outcomes, benchmarks and
mutual obligations that aim to ensure greater coherence of effort between the Afghan
government and the international community. The Afghanistan Compact succeeded in
leveraging a $10 billion loan for reconstruction from the Paul Wolfowitz led World Bank.
However instead of improving the security situation immediately deteriorated. Taliban
attacks increased and their popularity surged while coalition counterattacks became
increasingly severe and civilian casualties of air support drone bombings were frequently
reported. By November 2006, the U.N. Security Council warned that Afghanistan may
become a failed state due to increased Taliban violence, growing illegal drug production,
and fragile State institutions. Although many Afghan refugees returned between 2002 and
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2008, more than two million registered refugees remain in Pakistan and 900,000 in Iran.
Civilian deaths resulting from international military actions remain high, with more than
750 Afghans killed by airstrikes between January 2008 and June 2009. Though two-
thirds of the identified mines in Afghanistan have been successfully cleared, 15% of the
population is estimated to be living in mine fields. Only about 1% of individuals
reported receiving any apology or compensation for harmful experiences related to the
conflict, mostly from neutral parties. To counter endemic corruption it is critical that
Afghanistan conduct an investigation of human rights abuses by public officials,
including those at the highest levels of government and bar those found guilty of serious
crimes or abuses from government office. To cease fighting and tax 25-55% of their
economy and 8% of their population, not including seasonal harvesters and consumers,
Afghanistan must legalize opium cultivation under international quotas and use within
the national borders, it is the only way to make peace, until after the economic addiction
to the cultivation of opium goes down after the stress from the war economy has
subsided. To set opium quotas for Afghanistan the US must insert at 21CFR§1312.13(f)
(8) Afghanistan and (g) place Afghanistan with India and Turkey as a supplier of 80% of
the quota.
E. The strength of Taliban forces was estimated by Western officials and analysts at
about 10,000 fighters fielded at any given time. The Afghan National Army has an
estimated 90,000 troops and the National Police Force 70,000 officers. Not including
estimated troop surges, that threaten to increase casualties, as of July 23, 2009 the ISAF
had an estimated 101,000 troops – 68,000 USA, 9,500 UK, 4,245 Germany, 3,070
France, 2,830 Canada, 2,795 Italy, 2,160 Netherlands, 2,035 Poland, 1,550 Australia,
1,000 Spain, 990 Romania, 820 Turkey, 750 Denmark, 510 Belgium, 500 Sweden, 460
Sweden, 340 Czech Republic, 325 Croatia, 310 Hungary. There have been 1,520
coalition deaths -- 923 Americans, 11 Australians, one Belgian, 235 Britons, 133
Canadians, three Czech, 28 Danes, 21 Dutch, six Estonians, one Finn, 36 French, 31
Germans, two Hungarians, 22 Italians, three Latvian, one Lithuanian, four Norwegians,
15 Poles, two Portuguese, 11 Romanians, one South Korean, 26 Spaniards, two Swedes
and two Turks -- in Afghanistan as of November 27, 2009, Since May 11, 2009 the new
commander has announced sharp restrictions in airstrikes in an effort to reduce civilian
casualties. Although the war was supported by most Americans, most people in the
world oppose the war. In a 47-nation June 2007 survey only 4 had a majority that favored
keeping foreign troops: the U.S. (50%), Israel (59%), Ghana (50%), and Kenya (60%).
In 41 of the 47 countries, pluralities want U.S. and NATO troops out of Afghanistan as
soon as possible. In 32 out of 47 countries, clear majorities want this war over as soon
as possible. Majorities in 7 out of 12 NATO member countries say troops should be
withdrawn as soon as possible. The Afghanistan Freedom Act of 6 October, 2001
HR3049 and 11 October, 2001 HR 3088 that waged Operation Enduring Freedom SJ 23
passed in the House and Senate to become PL-107-40 September 13, 2001 Authorizing
the United States Armed Forces for Use in Afghanistan, §2. Hostilities have officially
ceased since Executive Order 13268 Termination of Emergency With Respect to the
Taliban and Amendment of September 23, 200 and Executive Order 13224 of July 2,
2002. As of January 2009, the U.S. had begun work on $1.6 billion of new, permanent
military installations at Kandahar. Reaching $43 billion in 2009, the troop surge in
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Afghanistan could become the new Iraq, justifying the laundering of up to $75 billion of
twice spent U.S. tax payer dollars, hypocritically more than twice the GDP of the nation
being protected. Afghanistan needs to be forgiven the $10 billion loan from 2006,
granted $25 billion to a corruption free National Opium Agency government and foreign
occupying forces must leave.
§33 Iraq War
A.The Iraq War, also known as the Occupation of Iraq, The Second Gulf War or
Operation Iraqi Freedom, is an ongoing military campaign which began on March 20,
2003, with the invasion of Iraq by a multinational force led by troops from the United
States and the United Kingdom. The Bush Administration had been looking for ways to
overthrow the Iraq regime within ten days of taking office in January 2001. According to
the Center for Public Integrity President Bush‘s administration made a total of 935 false
statements between 2001 and 2003 about the threat Iraq posed to the United States. In
2002, the U.N. Security Council passed Resolution 1441 which called for Iraq to
completely cooperate with U.N. weapon inspectors to verify that Iraq was not in
possession of weapons of mass destruction and long-range missiles. Weapons inspectors
found no evidence of WMD, and the US-led Iraq Survey Group later concluded that Iraq
had ended its nuclear, chemical, and biological programs in 1991 and had no active
programs at the time of the invasion. Not waiting for the inspection results HJRes.114 §3
to Authorize the Use of Force Against Iraq with 296 in favor -133 against was signed by
the President On October 16, 2002. On February 5, 2003, Secretary of State Colin
Powell claimed Iraq had unmanned drone airplanes capable of delivering chemical and
biological weapon to the UN Security Council. On January 31, 2003 in the White House
Bush and Blair made a secret deal to attack Iraq regardless of whether weapons of mass
destruction were found by UN inspectors. NATO members France, Germany, Canada,
and even Russia (not a member of NATO) were opposed to military intervention in Iraq.
Between January 3 and April 12, 2003, 36 million people across the globe took part in
almost 3,000 protests against war in Iraq. Powell later admitted he presented inaccurate
information and as President Bush was leaving office in 2008 he stated, ―"my biggest
regret of all the presidency has to have been the intelligence failure in Iraq." On
September 16, 2004 Kofi Annan, the Secretary General of the United Nations, said of the
invasion, "I have indicated it was not in conformity with the UN Charter. From our point
of view, from the Charter point of view, it was illegal."
B. On March 20, 2003 the military invasion of Iraq began, without UN authorization. By
April 9 Baghdad fell, ending President Hussein's 24-year rule. In the invasion phase of
the war (March 19-April 30), 9,200 Iraqi combatants were killed along with 7,299
civilians, primarily by US air and ground forces. Coalition forces reported the death in
combat of 139 U.S. military personnel and 33 UK military personnel. This worked out at
almost 100 dead Iraqis for every dead coalition soldier. In September 2003 the Madrid
Conference collected $33 billion in contributions for the Iraq Reconstruction Fund, the
largest reparation in history. Hostilities have officially ceased since Executive Order
13350 Termination of Emergency Declared in E.O. 12722 With Respect to Iraq on July
29, 2004. According to the Pentagon, 250,000 short tons (230,000 t) of ordnance were
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looted, providing a significant source of ammunition for the Iraqi insurgency. Initially,
Iraqi resistance (described by the coalition as "Anti-Iraqi Forces") largely stemmed from
fedayeen and Hussein/Ba'ath Party loyalists, but soon religious radicals and Iraqis
angered by the occupation contributed to the insurgency. The three provinces with the
highest number of attacks were Baghdad, Al Anbar, and Salah Ad Din. Those three
provinces account for 35% of the population, but are responsible for 73% of U.S. military
deaths (as of December 5, 2006), and an even higher percentage of recent U.S. military
deaths (about 80%.). On July 22, 2003 Hussein's sons (Uday and Qusay) were killed
along with one of his grandsons. In all, over 300 top leaders of the former regime were
killed or captured, as well as numerous lesser functionaries and military personnel.
Saddam Hussein himself was captured on December 13, 2003 on a farm near Tikrit..
Saddam Hussein was hanged on December 30, 2006 after being found guilty of crimes
against humanity by an Iraqi court after a year-long trial. A March 7, 2007 survey found
that 78% of the population opposed the presence of Coalition forces in Iraq, that 69%
believed the presence of U.S. forces is making things worse, and that 51% of the
population considered attacks on coalition forces acceptable, up from 17% in 2004 and
35% in 2006.
C. Shortly after the invasion, the multinational coalition created the Coalition Provisional
Authority (CPA) ,ةدحوملا فالتئالا ةطلسas a transitional government of Iraq until the
establishment of a democratic government in accordance with United Nations Security
Council Resolution 1483 (May 22, 2003) from the period of the CPA's inception on April
21, 2003, until its dissolution on June 28, 2004. The Iraqi Governing Council (IGC) was
the provisional government of Iraq from July 13, 2003 to June 1, 2004.The Iraqi Interim
Government itself took the place of the Coalition Provisional Authority (and the Iraq
Interim Governing Council) on June 28, 2004, and was replaced by the Iraqi Transitional
Government on May 3, 2005. On January 31, Iraqis elected the Iraqi Transitional
Government in order to draft a permanent constitution. A referendum was held in
October 15 in which the new Iraqi constitution was ratified. An Iraqi national assembly
was elected in December. Security Council Resolution 1637 (2005) distributed on 11
November 2005, Armistice Day, that welcomes the beginning of a new phase in Iraq‘s
transition and looking forward to the completion of the political transition process as well
as to the day Iraqi forces assume full responsibility for the maintenance of security and
stability in their country, thus allowing the completion of the multinational force
mandate. On May 10, 2007, 144 Iraqi Parliamentary lawmakers signed onto a legislative
petition calling on the United States to set a timetable for withdrawal. On June 3, 2007,
the Iraqi Parliament voted 85 to 59 to require the Iraqi government to consult with
Parliament before requesting additional extensions of the UN Security Council Mandate
for Coalition operations in Iraq. Despite this, the mandate was renewed on December 18,
2007 without the approval of the Iraqi parliament. The U.S.-Iraq Status of Forces
Agreement (SOFA) was approved by the Iraqi government in late 2008 between Iraq and
the United States established that U.S. combat forces will withdraw from Iraqi cities by
June 30, 2009, and that all U.S. forces will be completely out of Iraq by December 31,
2011. On January 1, 2009, the United States handed control of the Green Zone. On
January 31, 2009, Iraq held provincial elections. On April 30, 2009, the United Kingdom
formally ended combat operations. The withdrawal of U.S. forces began at the end of
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June, with 38 bases handed over to Iraqi forces. On June 29, 2009, U.S. forces withdrew
from Baghdad.
D. After a surge in violence following the arrest and execution of the former leader, by
December 2008 the "overall level of violence" in the country had dropped 80% since
before the surge began in January 2007, and the country's murder rate had dropped to
pre-war levels. The Iraqi government reported that there were 5 million orphans in Iraq -
nearly half of the country's children in December 2007. Iraq's health has deteriorated to a
level not seen since the 1950s. "They were at the forefront", he said, referring to health
care just before the 1991 Persian Gulf War. "Now they're looking more and more like a
country in sub-Saharan Africa." Malnutrition rates have risen from 19% before the US-
led invasion to a national average of 28% four years later. Some 60-70% of Iraqi children
are suffering from psychological problems. 68% of Iraqis have no access to safe drinking
water. A cholera outbreak in northern Iraq is thought to be the result of poor water
quality. As many as half of Iraqi doctors have left the country since 2003. According to a
January 2007 BBC World Service poll of more than 26,000 people in 25 countries, 73%
of the global population disapproves of the US handling of the Iraq War. A September
2007 poll conducted by the BBC found that 2/3rds of the world's population believed the
US should withdraw its forces from Iraq. According to an April 2004 USA
Today/CNN/Gallup Poll, only a third of the Iraqi people believed that "the American-led
occupation of their country is doing more good than harm, and a solid majority support
an immediate military pullout even though they fear that could put them in greater
danger. The US government has long maintained its involvement there is with the
support of the Iraqi people, but in 2005 when asked directly, 82–87% of the Iraqi
populace was opposed to the US occupation and wanted US troops to leave. 47% of
Iraqis supported attacking US troops. In addition: 64% described their family's economic
situation as being somewhat or very bad, up from 30% in 2005. 88% described the
availability of electricity as being either somewhat or very bad, up from 65% in 2004.
69% described the availability of clean water as somewhat or very bad, up from 48% in
2004. 88% described the availability of fuel for cooking and driving as being somewhat
or very bad. 58% described reconstruction efforts in the area in which they live as either
somewhat or very ineffective, and 9% described them as being totally nonexistent.
E. There are estimated to have been 1,033,000 violent deaths in Iraq since the occupation
began and all excess deaths as of May 2009 number 1,339,711. Saddam‘s army had an
estimated 375,000 of whom 6,370-10,800 Iraqi combatants were killed in the invasion.
300,000 Coalition Forces invaded and 130,000 remained behind as occupying forces. As
of July 17, 2009, 4,683 Coalition forces were killed, 4,328 members of the U.S. military
died in combat in Iraq and 139 others: the British military has reported 176 deaths; Italy,
33; Ukraine, 18; Poland, 21; Bulgaria, 13; Spain, 11; Denmark, seven; El Salvador, five;
Slovakia, four; Latvia and Georgia, three each; Estonia, Netherlands, Thailand, Romania,
two each; and Australia, Hungary, Kazakhstan, South Korea, one death each. Coalition
missing or captured (US): 1. Coalition wounded, injured, diseased, or other medical:
31,557 US, 1,785 UK. 50,000 Kurdish Peshmerga invaded and their number has risen to
375,000. As of 2009 there are an estimated 631,000 Iraqi Security Forces, 254,000 in the
Army, 227,000 in the police and 150,000 in the Federal Police Service. Of 70,000 Iraqi
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resistance fighters, 60,000 in the Mahdi Army, 1,500 in Al Qaeda an estimated 18,613-
24,111 insurgents have been killed since the invasion. 11,525 post Saddam Iraqi. Security
Forces have been killed. Of 94,000 members of local militias loyal to the government
more than 680 are thought to have been killed. There are an estimated 12,794 (U.S.-held)
24,200 (Iraqi-held) detainees. There are 161,000 military contractors, 85,000 Iraqi,
45,500 other and 27,400 US of whom 1,314 (US 249) were killed, 18 (US 4) are missing
or captured and 10,569 were wounded and injured. Iraq accounts for more than $12.5
billion of the $34 billion US weapon sales to foreign countries (not including the
potential F-16 fighter planes). The financial cost of the war has been more than £4.5
billion ($9 billion) to the UK, and over $845 billion to the U.S., with the total cost to the
U.S. economy estimated at $3 trillion.
Art. 7 Peace
§34 Democratic Peace Theory
A. Peace is a state of harmony, the absence of hostility. The traditional political definition
of peace and the very word itself originated among the ancient Romans who defined
peace, pax, as absentia belli, the absence of war. This term is applied to describe a
cessation of or lapse in violent international conflict; in this international context, peace is
the opposite of war. The concept of peace also applies to the state of people within their
respective geopolitical entities, as civil war, state-sponsored genocide, terrorism, and
other violence are all threats to peace on an intranational level. Peace can also describe a
relationship between any parties characterized by respect, justice, and goodwill. Since
1945 the world has only seen 26 days without war. War is a prolonged state of violent,
large-scale conflict involving two or more groups of people. Although history is rife with
conflict, some peoples, regions and nations have enjoyed periods of peace that have
lasted generations. The following are some examples:
1. Sweden (1814–present). Sweden is the present-day nation state with the longest history
of continuous peace. Since its 1814 invasion of Norway, the Swedish kingdom has not
engaged in war.
2. Switzerland (1848–present). A hard stance on neutrality has given Switzerland fame as
a country for its long-lasting peace.
3. Costa Rica (1949–present). Following a 44-day civil war in 1944, in 1949, Costa Rica
abolished its army. Since then, its history has been peaceful, especially relative to those
of neighboring Central American states.
B. Democratic peace theory is attributed to Immanuel Kant in his essay Perpetual Peace
written in 1795. Kant thought that the rule of law in a constitutional republic was
superior at keeping the peace than direct democracy of an elected dictator. Democracy is
however only one of several necessary conditions for a perpetual peace. Kant's theory
was that a majority of the people would never vote to go to war, unless in self defense.
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Therefore, if all nations were republics, it would end war, because there would be no
aggressors.
"If the consent of the citizens is required in order to decide that war should be declared,
nothing is more natural than that they would be very cautious in commencing such a poor
game, decreeing for themselves all the calamities of war. Among the latter would be:
having to fight, having to pay the costs of war from their own resources, having painfully
to repair the devastation war leaves behind, and, to fill up the measure of evils, load
themselves with a heavy national debt that would embitter peace itself and that can never
be liquidated on account of constant wars in the future". Democracy thus gives influence
to those most likely to be killed or wounded in wars, and their relatives and friends
C. Mahatma Gandhi's conception of peace was not as an end, but as a means: "There is
no way to peace; peace is the way." Mahatma Gandhi suggested that if an oppressive
society lacks violence, the society is nonetheless not peaceful, because of the injustice of
the oppression. Gandhi articulated a vision of peace in which justice is an inherent and
necessary aspect; that peace requires not only the absence of violence but also the
presence of justice. This peace, peace with justice, is a "positive peace," because hostility
and further violence could no longer flourish in this environment.
D. The democratic peace theory, liberal peace theory, is a theory and related empirical
research which holds that democracies - usually, liberal democracies - never or almost
never go to war with one another, and that systematic violence is in general less common
within democracies. Studies show that democratic states are more likely than autocratic
states to win the wars. One explanation is that democracies, for internal political and
economic reasons, have greater resources. This might mean that democratic leaders are
unlikely to select other democratic states as targets because they perceive them to be
particularly formidable opponents. One study finds that interstate wars have important
impacts on the fate of political regimes, and that the probability that a political leader will
fall from power in the wake of a lost war is particularly high in democratic states.
E. One concept that often complements peace studies is development. In much
development discourse, it is assumed that economic, cultural, and political development
will take "underdeveloped" nations and peoples out of poverty, thus helping bring about a
more peaceful world. Market-oriented development creates the norms and values that
explain the democratic peace. When opportunities to contract in the market are
widespread, as in market-oriented developed countries, a culture of contracting emerges
that encourages shared respect for individualism, negotiations, compromise, respect for
the law, and equality before the law. Constrained by voters, democratically elected
leaders in market-oriented developed countries abide by these norms. In contrast, voters
in democracies without developed market economies, and the leaders in nondemocracies,
have other norms and values that encourage conflict. A majority of researchers on the
determinants of democracy agree that economic development is a primary factor which
allows the formation of a stable and healthy democracy. The risk of civil war decreases
with development only for democratic countries but is increased by political change,
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regardless whether toward greater democracy or greater autocracy. People in prosperous
economies tend not wish to jeopardize their privilege.
F. Democratic culture affects the way leaders resolve conflicts. Liberal leaders face
institutionalized constraints that impede their capacity to mobilize the state‘s resources
for war without the consent of a broad spectrum of interests. Liberal democratic culture
may make the leaders accustomed to negotiation and compromise. Belief in human rights
may make people in democracies reluctant to go to war, especially against other
democracies. The decline in colonialism is also a cause for peace. There is also evidence
that democracies have less internal systematic violence.
G. The United Nations is the pre-eminent government institution for peace. The UN was
founded to save succeeding generations from the scourge of war…to practice tolerance
and live together in peace with one another as good neighbors, and to unite our strength
to maintain international peace and security, and to ensure, by the acceptance of
principles and the institution of methods, that armed force shall not be used, save in the
common interest, and to employ international machinery for the promotion of the
economic and social advancement of all peoples.
1. No peacekeeping force is authorized without the approval of the UN Security Council
under Chapter 7 of the UN Charter. The Security Council shall determine the existence
of any threat to the peace, breach of the peace, or act of aggression and shall make
recommendations. The Security Council may approve peaceful measure or when the
circumstances warrant organize collective defensive measure from amongst the member
states. Nothing shall impair the inherent right of individual or collective self-defense if
an armed attack occurs against a Member of the United Nations, until the Security
Council has taken measures necessary to maintain international peace and security.
2. The United Nations is however far from democratic. It was not until 2005 that a UN
Democracy fund was founded. The United Nations is a military dictatorship that needs to
be totally overhauled by (a) ratifying the draft United Nations Charter Legitimate Edition
(UNCLE) of 2009 (b) setting down the Generals of the United Nations (GUN) and elect a
Secretary of the United Nations (SUN) in general elections on secret ballots around the
world on a single day (c) rename the General Assembly, Parliament (d) renaming
ECOSOC-k, Socio-Economic Administration (SEA) (d) establishing an International Tax
Administration (e) abolishing permanent membership to the Security Council (f)
renumbering the Charter so that it is not money in Article 66 but the war as seems to have
been intended by the original authors who of course put the power to make war in
Chapter IX, (g) eliminating reference to prior wartime alliances and enemies and (h)
providing for a Human Rights Council. As it stands the United Nations is one of the
most overtly military dictatorships in existence in the world today.
H. Article I, Section 8 of the United States Constitution grants Congress the power `to
declare war,' to lay and collect taxes, to `provide for the common defense' and general
welfare of the United States, to `raise and support armies,' to `provide and maintain a
navy,' to `make rules for the regulation for the land and naval forces,' to `provide for
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calling forth the militia to execute the laws of the Union, suppress insurrections and repel
invasions,' to `provide for organizing, arming, and disciplining, the militia,' and to `make
all laws necessary and proper for carrying into execution all powers vested by the
Constitution in the Government of the United States'.
1. The Constitution also grants Congress exclusive power over the purse, `No money
shall be drawn from the Treasury but in consequence of appropriations made by law'.
2. The sole war power granted to the executive branch through the President can be found
in Article II, Section 2, which states, `the President shall be the Commander-in-Chief of
the Army and Navy of the United States, and of the Militia of the several States, when
called into actual Service of the United State‘.
3. The Constitution of the United States provides that the President, in an emergency,
may act to defend the country, but reserved the matter of offensive war to Congress as the
representatives of the people.
I. In practice making peace after a war involves three acts. First, reparating for loss of
life, and property and for injury. Second, withdrawing occupying forces. Third,
repatriating prisoners of war. There must be absolutely no residual violence.
Parliamentary democracy is by far the most peaceful of form of government because the
unarmed legislature is dominant over the armed judiciary and military. Freedom of
expression and a right to redress of grievances are fundamental to a democratic society.
1.The First Amendment to the US Constitution is one of the world‘s finest instruments of
democratic principle, it states, Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of
the press; or the right of the people peaceably to assemble, and to petition the government
for a redress of grievances.
2.Principle 4 of the Declaration of Principles on Freedom of Expression, approved by the
IACHR at its108th regular sessions in October 2000 provides the right to freedom of
expression may only be limited exceptionally and such limitations must "be previously
established by law in case of real and imminent danger that threatens national security in
democratic societies".
3. The Johannesburg Principles on National Security, Freedom of Expression and Access
to Information, of November 1996 provides at Principle 1:3 the restriction imposed by
the least restrictive means of protecting the interest.
a.Under Principle 6 expression may be punished as a threat to national security only if it
incites violence.
b. Most importantly in this case Principle 20 provides that any person accused of a
security related crime regarding freedom of expression shall be entitled to all of the rule
of law including the right not to be arbitrarily detained.
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J. The Nobel Peace Prize is awarded annually to notable peacemakers and visionaries
who have overcome violence, conflict or oppression through their moral leadership, those
who have "done the most or the best work for fraternity between the nations". The prize
has often met with controversy, as it is occasionally awarded to people who have
formerly sponsored war and violence but who have, helped achieve peace.
1. The United States Institute of Peace (USIP) is an independent, nonpartisan, national
institution established and funded by Congress. Its goals are to help prevent and resolve
violent conflicts, promote post-conflict stability and development, and increase peace-
building capacity, tools, and intellectual capital worldwide.
§35 Peace Treaties
A.Treaties of peace are generally written to end violent conflicts between warring
nations. Every foreign war the United States has ever fought since its
independence, not to mention countless Indian wars, have been resolved through
the ratification of treaties of peace. In recent years the system of treaty law has
become increasingly reliant upon the functioning of first the League of Nations
and then the United Nations. The conditions of peace treaties are generally along
the lines of cessation of hostilities, reparation and unconditional surrender to the
due process of law. Since the Vietnam War the practice of publishing peace
treaties as nations has fallen out of use and must be revived.
Fig. 1.13: US Treaties of Peace (1783 – present)
1.The Revolutionary War (1775-1783) was ended by the Treaty of Paris of
September 3, 1783
2. War of 1812 (1812-15) was ended by the Treaty of Ghent of December 24,
1814
3. Mexican War (1846-1848) was ended by the Treaty of Guadalupe Hidalgo, of
February 2, 1848
4. Civil War (1861-1864) was ended by the XIII and XIV Amendments to the US
Constitution
4. Spanish-American War (1898) was ended by the Treaty of Paris of December
10, 1898
5. Philippine-American War (1899-1902) was ended by the Philippine Organic
Act of July 1902
6. World War I (1917-1918) was ended by a myriad of treaties governed by the
Treaty of Versailles of 28 June 1919 that established the League of Nations.
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7. World War II (1941-1945) was ended by the Yalta Conference of February 4-
11, 1945 that agreed to establish the United Nations.
8. Korean War (1950-1954) has never been officially ended.
9. Vietnam War (1965-1975) was ended by the Paris Peace Accords Agreement
on Ending the War and Restoring Peace in Vietnam of January 17, 1973
10. Gulf War (1990-1991) was ended Executive Order 12771 Revoking earlier
orders with respect to Kuwait of July 25, 1991
11. Iraq War (2003-present) was settled, in part, by the Madrid Conference for the
Iraq Reconstruction Fund of September 2003
12. War in Afghanistan (2001-present) was settled, in part, by the Bonn
Agreement of December 5, 2001, the Afghanistan Compact of the at the London
Conference on Afghanistan of January 31 – February 1, 2006 and the Treaty of
Peace between the United States of America and Afghanistan of December 5,
2009
Source: Sanders, Tony J. US War History (1775-present). Hospitals & Asylums.
HA-5-12-09
B. There are several fundamental principles common to peace treaties:
1. The primary purpose of the UN as set forth in Art. 1(1) of the UN Charter is to
―maintain international peace and security, and to that end: to take effective collective
measures for the prevention and removal of threats to the peace, and for the suppression
of acts of aggression or other breaches of the peace‖. The fulfilment of Charter principles
requires the establishment of a just and lasting peace…should include the termination of
all claims or states of belligerency and respect for and acknowledgement of the
sovereignty, territorial integrity and political independence of every State and their right
to live in peace within secure and recognized boundaries free from threats or acts of
force‖. Advisory Opinion Regarding the Legal Consequences of Constructing a Wall in
the Occupied Palestinian Territories ICJ No. 131 (2004)
2.The principle of non-use of force in Art. 2(4) is the jus cogens, universal norm, of
international law. It states, ―All Members shall refrain in their international relations
from the threat or use of force against the territorial integrity or political independence of
any state‖. This principle may also be called the principle of non-aggression and is
upheld in the Merit Judgment of Peace Palace in the Hague on 27 June 1986 regarding
Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United
States of America) No. 70 (1986)
3. The principle of non-intervention codified in Art. 2(7) of the UN Charter ensures that
nothing shall authorize the United Nations or its members to intervene in matters which
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are essentially within the domestic jurisdiction of any state. Wherefore every sovereign
State and responsible government has the right to conduct its affairs, without outside
interference. Intervention is wrongful when it uses methods of coercion, particularly
force, either in the direct form of military action or in the indirect form of support for
subversive activities in another State. Upholding this principle, no state shall finance,
instigate or tolerate subversive, terrorist or armed activities attempting to overthrow the
government of another state.
4. The Declaration on Principles of International Law concerning Friendly Relations and
Co-operation among States 2625 (XXV) (1970), adopted by the General Assembly on
24 October 1970, makes it clear that ―No territorial acquisition resulting from the threat
or use of force shall be recognized as legal‖.
5. Article 1 common to the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political Rights reaffirms the right of
all peoples to self-determination, and lays upon the States parties the obligation to
promote the realization of that right. The principle of self-determination of peoples has
been enshrined in the United Nations Charter and reaffirmed by the General Assembly in
resolution 2625 (XXV) pursuant to which ―Every State has the duty to refrain from any
forcible action which deprives peoples of their right to self-determination.‖
6. The principle of reparation for damages is enumerated in Art. 26 of Declaration on
Social Progress and Development 2542 (XXIV) 1969. Interpretations of Paragraph 4 of
the Annex following Article 179 of the Treaty of Neuilly of 29 November 1919 (Greek
Republic v. Kingdom Bulgaria) by the Permanent Court of Justice in No. 3 (12/9/1924) in
respect of damages caused incurred by claimants not only as regards their property, rights
and interest but also their person.
C. Treaties are generally negotiated pursuant to the Vienna Convention on the Law of
Treaties 2166 (XXI) (1969). Treaties have often been broken for which reparations are
only paid some of the time. Many treaties were drafted while excluding civilian
representatives of the people, these treaties tend to ignore, omit or neglect the best
interests of the people, the natural borders of the national inciting freedom fighters.
Considering the fundamental role of treaties in the history of international relations,
one is forced to recognize the ever-increasing importance of treaties as a source of
international law and as a means of developing peaceful cooperation among nations,
whatever their constitutional and social systems. Noting that the principles of free
consent and of good faith and the pacta sunt servanda rule are universally recognized,
one reaffirms that disputes concerning treaties, like other international disputes, should be
settled by peaceful means and in conformity with the principles of justice and
international law.
§36 Official Development Assistance
A. With a view to the creation of conditions of stability and well-being which are
necessary for peaceful and friendly relations based on respect for the principle of equal
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rights and self-determination of peoples under Art. 55 of Chapter IX of the UN Charter
that promotes the International Bill of Rights:
(a) Higher standards of living, full employment, and conditions of economic and social
progress and development;
(b) Solutions to economic, social, health, and related problems; and international cultural
and educational cooperation; and
(c) Universal respect for and observance of, human rights and fundamental freedoms for
all without distinction as to race, sex, language, or religion.
B. Official Development Assistance (ODA) is a rudimentary tax administration of
voluntary contributions to developing nations. It is a precursor to a legitimate
international tax administration.
1.A Special Fund was established by the Assembly in its resolution 1240 (XIII) of 14
October 1958 to provide, inter alia, ―systematic and sustained assistance in fields
essential to the integrated technical, economic and social development of the less
developed countries‖.
2. The United Nations Development Program (UNDP) was established by the General
Assembly in its resolution 2029 (XX) of 22 November 1965. The Annual Report of the
Administrator of the year 2003 marked an important milestone for UNDP. For the first
time, total resources exceeded US $3 billion. More than half of these resources are
allocated as emergency assistance to people suffering from conflict and disaster.
C. Official Development Assistance (ODA) is a statistic first compiled by the
Development Assistance Committee (DAC) of the Organization for Economic Co-
operation and Development (OECD) in 1959. The full definition of ODA is, ―Flows of
official financing administered for the promotion of the economic development and
welfare of developing countries as the main objective, and which are concessional in
character with a grant element of at least 25% (using a fixed 10% rate of discount). By
convention, ODA flows comprise contributions of donor government agencies, at all
levels, to developing countries (bilateral ODA) and to multilateral institutions. ODA
receipts comprise disbursements by bilateral donors and multilateral institutions‖. Least
developed countries are place in Part I of the DAC List of Aid Recipients and lower-
middle income nations in Part II of the List‖.
1.ODA needs to contain four elements:
a. Undertaken by the government sector.
b. With the promotion of economic development and welfare as the major objective,
c. Directed to benefit least developed countries.
d. Concessional in nature, if a loan must contain a grant element greater than 25%.
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2. There are two other categories of international assistance:
a. Official Assistance: Flows which otherwise meet the conditions of eligibility but
are directed to nations in Part II of the List of Aid Recipients.
b. Other Official Flows: Transaction by the official sector with countries on the List
of Aid Recipients but which do not meet the conditions for eligibility as ODA
either because they are not primarily aimed at development, such as military
assistance, or they contain a grant element less than 25%.
3. There are three classes of nations.
a. Least developed nations listed on Part I of the List of Aid Recipients
b. Middle income nations listed on Part II of the List of Recipients
c. Donor nations responsible for contributing.
D. The US Agency for International Development (USAID) and international relations
programs of the Secretary of State have a $25 billion a year budget. The US foreign
Embassies are the most extensive in the world. The United Nations itself operates on
only $10 billion a year including the UN Development Program. Both of these
international governments lack the financial base and comprehensive national index of
names, and identification cards, required for the peaceful and secure administration of
social security relief to the poor.
E. The primary objective of the international development is to provide a subsistence
living to 2 billion of the world‘s poorest people by investing in Social Security
collectively to achieve the UN Millennium Development Goals by 2015;
1. Eradicate extreme poverty and hunger
2. Achieve universal primary education
3. Promote gender equality;
4. Reduce child mortality;
5. Improve maternal health;
6. Combat HIV and other major diseases;
7. Ensure environmental stability;
8. Develop a global partnership for development;
F. Poverty is the principal financial concern addressed by the administration of
international relief. International relief is intended to overcome global disparities of
wealth by taxing wealthy nations for the benefit of poor nations. Administration of
international development funds are managed through co-operative technical assistance
under 22USC(32)§2151aa with foreign governments and foreign central banks of
developing and transitional countries by enacting laws and establishment of
administrative procedures and institutions to promote macroeconomic and fiscal stability,
efficient resource allocation, transparent and market-oriented processes and sustainable
private sector growth, through
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1. tax systems that are fair, objective, and efficiently gather sufficient revenues for
governmental operations;
2. debt issuance, management and relief programs that rely on market forces;
3. budget planning and implementation that permits responsible fiscal policy
management;
4. commercial banking sector development that efficient intermediates between savers
and investors; and
5. financial law enforcement to protect the integrity of financial systems, financial
institutions, and government programs.
6. state welfare administration and census conducted by the central bank or government
to guarantee the full socio-economic study of the populace and equitable administration
of tax relief.
G. Within the USAID Bureau for Democracy, Conflict, and Humanitarian
Assistance the Office for Schools and Hospitals Abroad program is available to
provide guidance to the US Military to facilitate the development and sustenance
of superior libraries, schools, and medical centers.
§37 Release and Repatriation of Prisoners of War
A. It is a generally accepted principle of international law that all people alleged of being
enemy combatants are swiftly tried and repatriated to their home countries with their
records upon cessation of hostilities under Art. 118 of the Third Geneva Convention of
1949 relating to the treatment of Prisoners of War to conclude the peace.
1. The Commission on Human Rights and Committee Against Torture Report on the
Situation of Detainees at Guantanamo Bay of 15 February 2006 and Committee Against
Torture Consideration of Reports Submitted by State Parties under Article 19 of the
Convention of 18 May 2006 has been successful in getting the US President to cooperate
with the closure of the Guantanamo Bay Naval Base and the release and repatriation of
all 450 remaining Guantanamo Detainees safely to their home countries.
2. US detainees in Afghanistan and Iraq likewise need to be repatriated to the competent
local authority. Coalition Provisional Authority provides a Prisoner Index in Arabic for
Iraqi Courts since March 10.2003
B. In Rasul v. Bush No. 03-334 (2004) the Supreme Court held that detainees have a right
to sue in the District Court to challenge the legality of their detention as enemy
combatants and the law has served to permit civilian lawyers access to records and the
opportunity to represent the detainees resulting in the release of nearly 200.
1. Hamdi v. Rumsfield No. 03-6696.(2004) ensures that detainees alleged of being enemy
combatants are swiftly tried and repatriated to their home countries with their records
upon cessation of hostilities in conformity with Art. 118 of the Third Geneva Convention
of 1949 relating to the treatment of Prisoners of War, and this obviously requires
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reinforcement by the Citizenship and Immigration Service. In Hamdan v. Rumsfeld No.
05-184 the Supreme Court will try Osama bin Ladin‘s driver after four years.
C. US POW camps listed in Afghanistan & Iraq v. United States of America HA-2-11-04
must be (1) condemned, and (2) all the prisoners detained therein be transferred to the
custody of neutral judges of their native country as the US is not engaged in any official
hostilities with them and the repatriation of prisoners of war is the official method for
concluding the peace.
D. It is estimated that only 5% of detainees at the facility in Guantanamo Bay represent a
threat to the US. US soldiers have been detained under the Uniform Code of Military
Justice for abusing prisoners of war. DoD Detention Operations in the Global war on
Terror have detained more than 50,000 people in Afghanistan and Iraq with a peak
population of 11,000 on March of 2004. The Inspector General of the Army reveals his
opinion that at least 85% of the detainees are innocent of ever being enemy combatants
and another 10% would post no threat to society if properly tried in their native language
by a court of law. The remaining 5% would be better detained in their country of
nationality or by a neutral third party such as the United Nations.
E. The Declaration on Territorial Asylum 2312 (XXII) of 14 December 1967 recognizes
that the granting of Asylum by a State is a peaceful and humanitarian act and that, as
such, it cannot be regarded as unfriendly by any other State. The Declaration is mindful
of the Universal Declaration of Human Rights, which declares in Art. 14 and Art. 13(2)
that: 1. Everyone has the right to seek and to enjoy in other countries asylum from
persecution. 2. Everyone has the right to leave any country, including his own, and to
return to his country. 3. The Declaration further establishes that the right to seek and to
enjoy asylum may not be invoked by any person with respect to whom there are serious
reasons for considering that he has committed a crime against peace, a war crime or a
crime against humanity whose general principles and procedure are enumerated in the
Rome Statute of the International Criminal Court
F. The Asylum policy of the United States is that refugees with a legitimate claim for
relief from political persecution shall be; (i) granted sufficient resources for employment
training and placement in order to achieve economic self-sufficiency among refugees as
quickly as possible; (ii) provided with the opportunity to acquire sufficient English
language training to enable them to become effectively resettled as quickly as possible;
(iii) insured that cash assistance is made available to refugees in such a manner as not to
discourage their economic self-sufficiency.
G. Under the Convention relating to the Status of Refugees of 28 July 1951 a "refugee"
shall mean every person who, owing to well-founded fear of being persecuted for reasons
of race, religion, nationality, membership of a particular social group or political opinion,
or fleeing armed conflict, is outside the country of his nationality it is prohibited to grant
asylum to people who are fleeing arrest for crimes against humanity. 1. No person shall
be subjected by a Member State to measures such as rejection at the frontier, ―refouling‖
return or expulsion, which would compel him to return to or remain in a territory where
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he or she faces imminent danger. 2. Under Art. 24 refugees are entitled to the same
national employment and welfare treatment as citizens.
§38 Democracy
A. Democracy is the process whereby the people freely elect their leaders and make
decisions with the vote of the majority rather than by the use or threat of force. A
democracy is synonymous with a republic. Democratic governance is the institutionalized
human right for making decisions as a group based upon the consensus of the majority
within the constraints of the constitution and laws. The requisite for democracy has
evolved to require a nation to have general elections in which a large percentage of the
population participate, juridical rights protect the people, has a tradition of tolerating
opposition parties and dissenting opinions and has a private market economy.
1. It is important to have constitutional restraints upon the power of democracy to prevent
a tyranny of the majority. Direct democracy is necessarily despotism, as it establishes an
executive power that is contradictory and opposite of liberty. Instead, a constitutional
republic where individual liberty is protected from the will of the majority. A democracy
holds periodic elections in which the opposition parties are as free to run as government
parties, at least 50% of the population are allowed to vote, has a parliament that either
controls or enjoys parity with the executive branch of the government and that there has
been at least one peaceful, constitutional transfer of executive power from one
independent political party to another by means of an election.
2. ―Liberal régimes" have market or private property economics, they have polities that
are externally sovereign, they have citizens with juridical rights, and they have
representative governments. A democracy is meant as a liberal democracy, where those
who hold power are elected in competitive elections with a secret ballot and wide
franchise (loosely understood as including at least 2/3rds of adults); where there is
freedom of speech, religion, and organization; and a constitutional framework of law to
which the government is subordinate and that guarantees equal rights. An essential
feature of democracy is a free press, able to perform its vital work of informing and
educating the voting public without fear, harassment or censorship.
B. The UN Democracy Fund UNDEF was established in July 2005 as a United Nations
General Trust Fund. On 2 May 2007 UNDEF collected $66,483,008.55 in donations. To
explain what political power is Mr. Ban Ki-moon said in his address to the 7th Forum on
Democracy, Development and Trade, held in Doha on 23 and 24 April
"An essential feature of democracy is a free press, able to perform its vital work of
informing and educating the voting public without fear, harassment or censorship‖.
1. It is hoped that the UN will lead the world to democratic peace by amending its
Charter to set down the Generals of the United Nations (GUN) and elect a Secretary of
the United Nations (SUN) in public elections around the world with a secret ballot on the
same day.
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2. Plato always said, ―there will only be peace if there is an international government to
settle disputes between warring parties.‖ On this topic Plato did not elaborate on the fact
that the international government should be a democratic form of government, one would
have to read the entirety of the Republic to grasp that a government that is democratic in
both principle and practice would be at peace. There is hope that world peace, like we
enjoy in the United States of America, could be improved if the world government were
democratically elected. There is no doubt that the UN must amend its Charter to amend
the Generals of the United Nations (GUN) to elect a civilian Secretary of the United
Nations (SUN) in public elections around the world before 2020.
C. The Athenian Constitution explains that the Constitution of Solon was more
democratic that the Draconian Constitution because it overturned the qualifications of
birth and military property for citizenship, that were considered to hold the people in
serfdom and prohibited loans on the security of the debtor's person; secondly, the right of
every person who so willed to claim redress on behalf of any one to whom wrong was
being done; thirdly, the institution of the appeal to the jury courts. The Greek
philosophers Plato and Aristotle are attributed with inventing the democratic principles
that govern political behavior to this day.
1. Democracy is founded upon the freedom to peacefully debate the government, its laws
and freely elect its leaders by secret ballot. Officials are expected to be of good character
and to uphold the constitution and laws or be subject to their just compensation.
2. Democratic principles are freedom and equal rights. The law must protect the innocent
and vulnerable to avoid a tyranny of the majority.
3. Democratic principles are important to ensure the ―rule of the poor‖ rather than the rule
of the majority that is usually the ―rule of the rich‖.
4. The fundamental problem that democracy rectifies is the seizure of power by the
military elite who so often led society to warfare and barbarism.
5. Political leaders are expected to manifest from civil society to promote the flourishing
of the arts, science and culture; not war and slavery.
6. Martial law involves disciplining your own soldiers and generals so that they cease
aggressive and criminal behavior.
7. For world peace to be negotiated it is important that everyone upholds the principles of
equal rights and world government is the only way to ensure this.
D. The Inter-American Democratic Charter ratified (9/11/2001) reaffirms the principle of
representative democracy for good governance. The effective exercise of representative
democracy is the basis for the rule of law and of the constitutional regimes.
Representative democracy is strengthened and deepened by permanent, ethical, and
responsible participation of the citizenry within a legal framework conforming to the
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respective constitutional order. The peoples of the Americas have a right to democracy
and their governments have an obligation to promote and defend it. The spiritual unity of
the continent is based on respect for the cultural values of the American countries and
requires their close cooperation for the high purposes of civilization. The education of
peoples should be directed toward justice, freedom, and peace. Social justice and social
security are bases of lasting peace.
E. The Constitution grants States certain powers over the times, places, and manner of
federal elections (subject to congressional revision), Art. I, §4, cl. 1 and allows States to
appoint electors for the President, Art. II, §1, cl. 2. The Twelfth Amendment commits to
Congress the authority and responsibility to count electoral votes. A federal statute, the
Electoral Count Act, enacted after the close 1876 Hayes-Tilden Presidential election,
specifies that, after States have tried to resolve disputes (through "judicial" or other
means), Congress is the body primarily authorized to resolve remaining disputes under
the Electoral Count Act of 1887, 24 Stat. 373, 3 U. S. C. §5, 6, and 15.
1. The two Houses are, by the Constitution, authorized to make the count of electoral
votes. They can only count legal votes, and in doing so must determine, from the best
evidence to be had, what are legal vote. The power to determine rests with the two
Houses, and there is no other constitutional tribunal." The Electoral Count Act requires
that the results be transmitted to the secretary of state of each state, the Archivist of the
United States, and the federal judge in the district in which the electors met. Upon receipt
of the ballots at a time designated by statute, the ―President of the Senate shall, in the
presence of the Senate and House of Representatives, open all the certificates and the
votes shall then be counted.‖
2. The right to vote freely for the candidate of one‘s choice is of the essence of a
democratic society, and any restrictions on that right strike at the heart of representative
government. The Constitution of the United States protects the right of all qualified
citizens to vote, in state as well as in federal election. Protections for the right to vote
extend to and include the right to a full and fair recounting of those votes. Historically,
there appears to be three general grounds for objecting to the counting of electoral votes.
The law suggests that an objection may be made on the grounds that (1) a vote was not
―regularly given‖ by the challenged elector(s); (2) the elector(s) was not ―lawfully
certified‖ under state law; or (3) two slates of electors have been presented to Congress
from the same State under Section 15 of title 3.
F. There are numerous federal statutes that protect the right to vote. First and foremost,
the Voting Rights Act prohibits any person, whether acting under color of law or
otherwise, from: (1) failing or refusing to permit any qualified person from voting in ...
federal elections; (2) refusing to count the vote of a qualified person; or (3) intimidating
any one attempting to vote or any one who is assisting a person in voting. The Civil
Rights Act of 1968 at 18USC(13)§245 provides criminal penalties for violations of civil
rights, including interference with the right to vote, specifically, makes it a crime for any
person who by force or threat of force willfully injures, intimidates or interferes with, or
182
attempts to injure, intimidate or interfere with any person, or class of persons, from
voting or qualifying to vote shall be fined and/or imprisoned not more than one year.
G. Equal protection applies to granting the right to vote on equal terms. The State may
not, by later arbitrary and disparate treatment, value one person's vote over that of
another. Once the franchise is granted to the electorate, lines may not be drawn which
are inconsistent with the Equal Protection Clause of the Fourteenth Amendment. The
right of suffrage can be denied by a debasement or dilution of the weight of a citizen‘s
vote through gerrymandering just as effectively as by wholly prohibiting the free exercise
of the franchise. Suffrage is subject to the imposition of state standards which are not
discriminatory and which do not contravene any restriction that Congress, acting pursuant
to its constitutional powers, has imposed.
H. In the 2000 elections Bush Jr. defeated Democratic candidate former Vice President
Al Gore on the strength of 31 electoral college states although the Republican‘s lost the
popular election with 50,456,062 votes for Bush and Cheney and 50.996,582 votes for
Gore and Lieberman. On November 8, 2000, the day following the Presidential election,
the Florida Division of Elections reported that Governor Bush had received 2,909,135
votes, and respondent Democrat Vice President Albert Gore, Jr., had received 2,907,351,
a margin of 1,784 in Governor Bush's favor. In the 2000 election several Members of the
House of Representatives attempted to challenge the electoral votes from the State of
Florida. However, no Senator joined in the objection, and, therefore, the objection was
not ―received.‖
I. The US Supreme Court decided the 2000 election in the case of Bush v. Gore on 12
December 2000 overturning the decision of the Florida Supreme Court that there was
indeed equal protection violation in the recount in 2000. The case began as Bush v. Palm
Beach County Canvassing Board on writ of certiorari to the Florida supreme court
December 4, 2000 called for recounts under Fla. Stat. §102.141(4) (2000). The decision
was based upon the XII Amendment that states, ―The votes shall be taken by states, the
representation from each state having one vote; a quorum for this purpose shall consist of
a member or members from two-thirds of the states, and a majority of all states shall be
necessary to a choice‖. The 2000 Presidential election however continues to pose three
questions to the United States;
1. whether the Florida Supreme Court established new standards for resolving
Presidential election contests or the Congressional hearing should have made the decision
or call for new national presidential elections?
2. how best to comply with 3 U.S.C. § 5 to appoint electors and polling devices so as to
accurately represent the decision of the voters?
3. whether the electoral college system set forth in the constitution is an obsolete
obstruction to the ―one person one vote‖ doctrine?
J. In the 2004 Presidential elections Bush Jr. defeated Democratic candidate John F.
Kerry on the strength of 286 electoral college votes to 251. The popular vote was
60,693,281 to 57,355,978. Although not controversial on the ground of popular vote as
183
the 2000 elections there were widespread allegations of fraud in the State of Ohio. In a
decision that Ohio Governor Bob Taft believed could affect over 100,000 voters, on
September 17, 2004, Secretary Blackwell issued a directive restricting the ability of
voters to use provisional ballots. There were massive and unprecedented voter
irregularities and anomalies in Ohio. In many cases these irregularities were caused by
intentional misconduct and illegal behavior, much of it involving the Ohio the
Republican Party and election officials who disenfranchised hundreds of thousands of
Ohio citizens, predominantly minority and Democratic voters and engaged in pre-election
―caging‖ tactics, selectively targeting 35,000 predominantly minority voters for
intimidation had a negative impact on voter turnout. There were widespread instances of
intimidation and misinformation in violation of the Voting Rights Act, the Civil Rights
Act of 1968, Equal Protection, Due Process and the Ohio right to vote.
1. After the widespread problems that occurred in the November 2000 election, Congress
enacted the Help America Vote Act (HAVA), thereby creating a new federal agency with
election administration responsibilities, setting requirements for voting and voter-
registration systems and certain other aspects of election administration, and providing
federal funding. In 1993, Congress enacted the National Voter Registration Act (NVRA),
which requires that, for federal elections, states establish fair and expeditious procedures
so that eligible citizens may register to vote. Pursuant to the NVRA, section 1974a of title
42 makes it a crime for any person to willfully steal, destroy, conceal, mutilate, or alter
any voting records, including those having to do with voter registration.
K. The central requirement of HAVA was that, beginning January 1, 2004, any voter not
listed as registered must be offered and permitted to cast a provisional ballot. HAVA
included a variety of additional new requirements, including a provision that beginning
January 1, 2004 (extendable to 2006), states using voter registration must employ
computerized, statewide voter registration systems that are accurately maintained. In
2004, the federal government processed a payment of $32,562,331 for fiscal year 2003
and $58,430,186 for fiscal year 2004 for a total of $90,992,517.
L. Barack H. Obama was elected the 44th President of the United States by a vote of 53%
to 46% with 365 electoral votes to his opponent, John McCain, a republican Senator from
New Mexico‘s, 173, a total of 270 is needed to win. Barack Obama is the first African
American President of the United States. President Obama was particularly popular
amongst younger voters, those 18-29, 18% of total voters, voted for Obama 66% of the
time; voters 30-44, 29% of voters, voted for Obama 52% of the time, 45-64, 37% of all
voters, voted for Obama 50% and voters over 65, 16% of the total, voted for Obama 45%
of the time. The Obama campaign raised the most contributions of any Presidential
campaign in history. John McCain quickly conceded defeat. While Americans are
generally satisfied with putting a black man in the White House. there are many who feel
that very strongly that snubbing Democratic runner-up Hillary Clinton, to be his Vice
President constitutes sexism under the XII Amendment. President Barack H, Obama
accepted the Nobel Peace Prize on December 10, 2009 for his vision of a nuclear weapon
free world and his struggle to make friends rather than enemies.
184
§39 Memorials
A. The Secretary is required to submit a report in January to Congress under Arlington
Memorial Amphitheatre Statute under 24USC(7)295a regarding the construction of
memorials. Remembering and honoring the soldiers who have died is an important
responsibility of military leadership.
1. Plans for the Pentagon Memorial Project is a joint effort between various organizations
united to construct a memorial commemorating the 184 lives lost in the Pentagon and on
American Airlines Flight 77 on September 11, 2001. Approximately $10.2 million in tax
deductible donations has been received by 1 May 2006. At a ceremonial contract signing
on August 15, 2003, the Pentagon Memorial Team officially welcomed Centex Lee LLC
as the design-build team responsible for completing the Pentagon Memorial Project
2. The 44 passengers and crew of Flight 93 courageously gave their lives thwarting a
planned attack on our Nation's Capital. Flight 93 National Memorial will be a permanent
memorial to the heroes on that plane. 44 people: 37 passengers including 4 hijackers, 5
flight attendants and 2 pilots; all perished whereby Flight 93 (Pittsburgh) National
Memorial Capital Campaign has been launched nationally and internationally, seeking to
raise $30 million from philanthropic individuals, corporations and foundations to enable
the construction of the Flight 93 National Memorial.
3. In New York City at the site of the World Trade Center catastrophe where 2,726
people perished by the World Trade Center Memorial Foundation. On September 11,
2001, terrorists flew two hijacked airplanes into the World Trade Center (WTC) in lower
Manhattan in New York City (NYC), destroying both towers of the WTC. As of August
16, 2002, a total of 2,726 death certificates related to the WTC attacks had been filed. All
but 13 persons died on September 11.
4. The Vietnam Veterans Memorial commemorates the 58,178 US soldiers who died
fighting the Vietnam War. The Vietnam Veterans Memorial was founded by Jan Scruggs,
who served in Vietnam (in the 199th Light Infantry Brigade) from 1969-1970 as a
infantry corporal. He wanted the memorial to acknowledge and recognize the service and
sacrifice of all who served in Vietnam. The Vietnam Veterans Memorial Fund, Inc.
(VVMF), a nonprofit charitable organization, was incorporated on April 27, 1979.
VVMF lobbied Congress for a two acre plot of land in the Constitution Gardens. On July
1, 1980, in the Rose Garden, President Jimmy Carter signed the legislation (P.L. 96-297)
to provide a site in Constitution Gardens near the Lincoln Memorial. It was a three and
half year task to build the memorial and to orchestrate a celebration to salute those who
served in Vietnam.
B. The 20th century was the most violent humanity has experienced. Nearly three times as
many people were killed in conflict in the twentieth century as in the previous four
centuries combined, with 109.7 million conflict related deaths, 4.35% of the general
population in the 20th Century based upon mid century population. The last decade of
the twentieth century witnessed a marked reduction in the number of conflicts. From a
185
high of 51 conflicts in 1991 there were only 29 ongoing conflicts in 2003. But although
the number of conflicts has declined, the wars of the last 15 years have exacted a large
toll in human live. Since the UN was established in 1945 there have been only 26 days of
peace.
C. Of the 1.5 million who served in the Global War on Terrorism, 0.2% - 1% of combat
soldiers died at the estimated average age of 24 rather than the national age of 78. It can
be estimated that the life expectancy of people fighting in these wars can be estimated at
70 although soldiers who survive the war theatre tend to live full and healthy lives.
§40 Holidays
A. Holidays are important for the armed forces. If every day were an international armed
forces holiday there would be no war. Holidays help to lend aspects of military life a
sense of immortality and dignity. There are three types of holidays in the United States:
1. Federal holidays when all government employees are off,
2. Legal holidays recognized not federal holidays,
2. Holidays when the flag is flown at half-staff.
B. May is National Military Appreciation Month, it includes, Loyalty Day on May 1st,
Victory in Europe (VE) Day on the 8th , Military Spouse Day on the Friday before
Mother‘s day, Peace Officers Memorial Day on the 15th, National Defense Transportation
Day on the third Friday, Armed Forces Day on the third Saturday, and most significantly
Memorial Day on the last Monday of the month.
1.The first legislation recognizing the month appeared in the United States Senate in 1999
designating May as National Military Appreciation Month. The day had the support and
sponsorship of Senator John McCain, (R-AZ) and Representative Duncan Hunter, (R-
CA) of San Diego and over 50 veteran service organizations. This important and timely
legislation tells our service members that their country has set aside an entire month to
honor, remember and appreciate them. In April of 2004, more comprehensive legislation
was passed by unanimous consent of both Houses of Congress, H. Con. Res. 328, that
May is National Military Appreciation Month.
2. Loyalty Day was first observed in 1921 as "Americanization Day," and was intended to
counterbalance the celebration of Labour Day on May Day, which was perceived as
communist. Loyalty Day is celebrated with parades and ceremonies in communities
across the United States, although many people in the United States remain unaware of it.
Although a legal holiday, it is not a federal holiday. Loyalty day was made an official
holiday by the U.S. Congress on July 18, 1958 (Public Law 85-529). Following the
passage of this law, President Dwight D. Eisenhower proclaimed May 1, 1959 the first
official observance of Loyalty Day.
3. Victory in Europe Day (V-E Day or VE Day) was May 7/8, 1945, the date when the
Allies during World War II formally celebrated the defeat of Nazi Germany and the end
186
of Adolf Hitler's Third Reich. At 02:41 on the morning of, May 7, 1945, the Chief-of-
Staff of the German Armed Forces High Command, General Alfred Jodl, signed the
unconditional surrender documents for all German forces to the Allies. All active
operations were to cease at 23:01 Central European Time on May 8 1945. On that date,
massive celebrations took place, notably in London, where over a million people
celebrated. In the United States, President Harry Truman, who celebrated his 61st
birthday that day, dedicated the victory to the memory of his predecessor, Franklin D.
Roosevelt, who had died less than a month earlier, on April 12.
4. Military Spouse Day was first celebrated in 1984 when then-President Ronald Reagan
proclaimed the observance to honor the contributions of military spouses. The military
now sets aside the Friday before Mother's Day, that is the second Sunday of May, each
year to pay tribute to the spouses who play a vital role in the nation's defense.
5. National Defense T ransportation Day is on the third Friday in May to
urge the people of the United States, including labor, management, users, and investors,
in all communities served by the various forms of transportation to observe National
Defense Transportation Day by appropriate ceremonies that will give complete
recognition to the importance to each community and its people of the transportation
system of the United States and the maintenance of the facilities of the system in the most
modern state of adequacy to serve the needs of the United States in times of peace and in
national defense 36USCIA(1)§120.
6. Armed Forces Day is the third Saturday of the month of May began on August 31,
1949, Secretary of Defense Louis Johnson announced the creation of an Armed Forces
Day to replace separate Army, Navy, Marine Corps and Air Force Days. The single-day
celebration stemmed from the unification of the Armed Forces under one department --
the Department of Defense. President Harry S. Truman led the effort to establish a single
holiday for citizens to come together and thank our military members for their patriotic
service in support of our country.
7. Memorial Day is a federal holiday on the last Monday in May when our fallen soldiers
are remembered. Flags are generally flown at half mast until 12 noon when they are
raised to fly full. The President issues each year a proclamation calling on the people of
the United States to observe Memorial Day by praying, according to their individual
religious faith, for permanent peace; designating a period of time on Memorial Day
during which the people may unite in prayer for a permanent peace, calling on the people
of the United States to unite in prayer at that time; and calling on the media to join in
observing Memorial Day and the period of prayer under 36USCIA(1)§116.
a. Gen. Logan, the speaker at the Carbondale gathering, that made Memorial Day official,
also was commander of the Grand Army of the Republic, an organization of Union
veterans. On May 5, 1868, he issued General Orders No. 11, which set aside May 30,
1868, "for the purpose of strewing with flowers, or otherwise decorating the graves of
comrades who died in defense of their country during the late rebellion‖ the orders
expressed hope that the observance would be "kept up from year to year while a survivor
of the war remains to honor the memory of his departed comrades."
187
8. Veteran‘s Day originated as ―Armistice Day,‖ commemorating the end of World War I
on 11 November 1918 at 11:00 AM. Armistice Day officially became a holiday in the
United States in 1926, and a national holiday 12 years later, in 1938. On June 1, 1954,
after the Korean War, the name of the national holiday was changed to Veterans Day in
honor of just U.S. veterans. In 1968, new legislation changed the national
commemoration of Veterans Day to the fourth Monday in October. It soon became
apparent, however, that November 11 was a date of historic significance to many
Americans, Europeans and citizens around the globe. Therefore, in 1978 Congress
returned the observance to its traditional date. With respect for and in recognition of the
contributions our service men and women have made to the cause of peace and freedom
around the world, the Congress has provided under 5USCIIIE(61)§6103(a) that
November 11 of each year shall be set aside as a legal public holiday to honor veterans.
9. National Pearl Harbor Remembrance Day is December 7th. The President is requested
to issue each year a proclamation calling on the people of the United States to observe
National Pearl Harbor Remembrance Day with appropriate ceremonies and activities and
to fly the flag of the United States at half-staff each December 7 in honor of the
individuals who died as a result of their service at Pearl Harbor under 36USCIA(1)§129.
C. Korean War Veterans Armistice Day was designated July 27 of each year until 2003
after which time the United States ceased to approve of the DMZ along the 38th parallel.
The President ceased to be requested to issue a proclamation each year to fly the flag of
the United States at half-staff in honor of the individuals who died as a result of their
service in Korea under 36USCIA(1)§127.
D. S.RES.82 proposed to make August 16, 2007 is designated `National Airborne Day'
whereas that day marks the anniversary of the first official Army parachute jump on
August 16, 1940.
Fig. 1.14: Global Aggregate Military Expenditure, 2006
Military expenditures - Military expenditures -
Country
dollar figure percent of GDP (%)
Afghanistan $122.4 million (2005 est.) 1.7% (2005 est.)
Albania $56.5 million (FY02) 1.49% (FY02)
Algeria $3 billion (2005 est.) 3.2% (2005 est.)
Angola $2 billion (2005 est.) 8.8% (2005 est.)
Antigua and Barbuda NA NA
Argentina $4.3 billion (FY99) 1.3% (FY00)
Armenia $135 million (FY01) 6.5% (FY01)
188
Australia $17.84 billion (2005 est.) 2.7% (2005 est.)
Austria $1.497 billion (FY01/02) 0.9% (2004)
Azerbaijan $121 million (FY99) 2.6% (FY99)
Bahamas, The NA NA
Bahrain $627.7 million (2005 est.) 4.9% (2005 est.)
Bangladesh $1.01 billion (2005 est.) 1.8% (2005 est.)
Barbados NA NA
Belarus $420.5 million (2006) 1.4% (FY02)
Belgium $3.999 billion (2003) 1.3% (2003)
Belize $19 million (2005 est.) 1.7% (2005 est.)
Benin $100.9 million (2005 est.) 2.3% (2005 est.)
Bermuda $4.03 million (2001) 0.11% (FY00/01)
Bhutan $8.29 million (2005 est.) 1% (2005 est.)
Bolivia $130 million (2005 est.) 1.4% (2005 est.)
Bosnia and
$234.3 million (FY02) 4.5% (FY02)
Herzegovina
Botswana $325.5 million (2005 est.) 3.4% (2005 est.)
Brazil $9.94 billion (2005 est.) 1.3% (2005 est.)
Brunei $290.7 million (2003 est.) 5.1% (2003 est.)
Bulgaria $356 million (FY02) 2.6% (2003)
Burkina Faso $74.83 million (2005 est.) 1.3% (2005 est.)
Burma $39 million (FY97) 2.1% (FY97)
Burundi $43.9 million (2005 est.) 5.6% (2005 est.)
Cambodia $112 million (FY01 est.) 3% (FY01 est.)
Cameroon $230.2 million (2005 est.) 1.5% (2005 est.)
Canada $9,801.7 million (2003) 1.1% (2003)
Cape Verde $7.18 million (2005 est.) 0.7% (2005 est.)
Central African
$16.37 million (2005 est.) 1% (2005 est.)
Republic
Chad $68.95 million (2005 est.) 1% (2005 est.)
Chile $3.91 billion (2005 est.) 3.5% (2005 est.)
189
China $81.48 billion (2005 est.) 4.3% (2005 est.)
Colombia $3.3 billion (FY01) 3.4% (FY01)
Comoros $12.87 million (2005 est.) 3% (2005 est.)
Congo, Democratic
$103.7 million (2005 est.) 1.5% (2005 est.)
Republic of the
Congo, Republic of the $85.22 million (2005 est.) 1.4% (2005 est.)
Costa Rica $83.46 million (2005 est.) 0.4% (2005 est.)
Cote d'Ivoire $246.6 million (2005 est.) 1.6% (2005 est.)
Croatia $620 million (2004) 2.39% (2002 est.)
Cuba $694 million (2005 est.) 1.8% (2005 est.)
Cyprus $384 million (FY02) 3.8% (FY02)
Czech Republic $2.17 billion (2004) 1.81% FY05
Denmark $3,271.6 million (2003) 1.5% (2004)
Djibouti $29.05 million (2005 est.) 4.3% (2005 est.)
Dominica NA NA
Dominican Republic $0 (2002 est.) 0% (2002 est.)
East Timor $4.4 million (FY03) NA
Ecuador $650 million (2005 est.) 2% (2005 est.)
Egypt $2.44 billion (2003) 3.4% (2004)
El Salvador $161.7 million (2005 est.) 1% (2005 est.)
Equatorial Guinea $152.2 million (2005 est.) 2.1% (2005 est.)
Eritrea $220.1 million (2005 est.) 17.7% (2005 est.)
Estonia $155 million (2002 est.) 2% (2002 est.)
Ethiopia $295.9 million (2005 est.) 3.4% (2005 est.)
Falkland Islands (Islas
NA NA
Malvinas)
Faroe Islands NA NA
Fiji $36 million (2004) 2.2% (FY02)
Finland $1.8 billion (FY98/99) 2% (FY98/99)
France $45 billion FY06 (2005) 2.6% FY06 (2005 est.)
French Guiana NA NA
190
Gabon $253.5 million (2005 est.) 3.4% (2005 est.)
Gambia, The $1.55 million (2005 est.) 0.4% (2005 est.)
Gaza Strip NA NA
Georgia $23 million (FY00) 0.59% (FY00)
Germany $35.063 billion (2003) 1.5% (2003)
Ghana $83.65 million (2005 est.) 0.8% (2005 est.)
Greece $5.89 billion (2004) 4.3% (2003)
Grenada NA NA
Guatemala $169.8 million (2005 est.) 0.5% (2005 est.)
Guinea $119.7 million (2005 est.) 2.9% (2005 est.)
Guinea-Bissau $9.46 million (2005 est.) 3.1% (2005 est.)
Guyana $6.48 million (2003 est.) 0.9% (2003 est.)
Haiti $25.96 million (2003 est.) 0.9% (2003 est.)
Honduras $52.8 million (2005 est.) 2.55% (2005 est.)
Hong Kong Hong Kong garrison is
funded by China; figures are NA
NA
Hungary $1.08 billion (2002 est.) 1.75% (2002 est.)
Iceland 0 0%
India $19.04 billion (2005 est.) 2.5% (2005 est.)
Indonesia $1.3 billion (2004) 3% (2004)
Iran $4.3 billion (2003 est.) 3.3% (2003 est.)
Iraq $1.34 billion (2005 est.) NA
Ireland $700 million (FY00/01) 0.9% (FY00/01)
Israel $9.45 billion (2005 est.) 7.7% (2005 est.)
Italy $28,182.8 million (2003) 1.8% (2004)
Jamaica $31.17 million (2003 est.) 0.4% (2003 est.)
Japan $44.31 billion (2005 est.) 1% (2005 est.)
Jordan $1.4 billion (2005 est.) 11.4% (2005 est.)
Kazakhstan $221.8 million (Ministry of 0.9% (Ministry of
Defense expenditures) Defense expenditures)
191
(FY02) (FY02)
Kenya $280.5 million (2005 est.) 1.6% (2005 est.)
Kiribati NA NA
Korea, North $5 billion (FY02) NA
Korea, South $21.06 billion FY05 (2005
2.6% FY05 (2005 est.)
est.)
Kuwait $3.01 billion (2005 est.) 4.2% (2005 est.)
Kyrgyzstan $19.2 million (FY01) 1.4% (FY01)
Laos $11.04 million (2005 est.) 0.4% (2005 est.)
Latvia $87 million (FY01) 1.2% (FY01)
Lebanon $540.6 million (2004) 3.1% (2004)
Lesotho $41.1 million (2005 est.) 2.1% (2005 est.)
Liberia $67.4 million (2005 est.) 7.5% (2005 est.)
Libya $1.3 billion (FY99) 3.9% (FY99)
Lithuania $230.8 million (FY01) 1.9% (FY01)
Luxembourg $231.6 million (2003) 0.9% (2003)
Macedonia $200 million (FY01/02 est.) 6% (FY01/02 est.)
Madagascar $329 million (2005 est.) 7.2% (2005 est.)
Malawi $15.81 million (2005 est.) 0.8% (2005 est.)
Malaysia $1.69 billion (FY00 est.) 2.03% (FY00)
Maldives $45.07 million (2005 est.) 5.5% (2005 est.)
Mali $106.3 million (2005 est.) 1.9% (2005 est.)
Malta $38.168 million (2005 est.) 1% (2005 est.)
Marshall Islands NA NA
Mauritania $19.32 million (2005 est.) 1.4% (2005 est.)
Mauritius $12.04 million (2005 est.) 0.2% (2005 est.)
Mexico $6.07 billion (2005 est.) 0.8% (2005 est.)
Moldova $8.7 million (2004) 0.4% (FY02)
Mongolia $23.1 million (FY02) 2.2% (FY02)
Morocco $2.31 billion (2003 est.) 5% (2003 est.)
192
Mozambique $78.03 million (2005 est.) 1.3% (2005 est.)
Namibia $149.5 million (2005 est.) 2.3% (2005 est.)
Nauru NA NA
Nepal $104.9 million (2005 est.) 1.5% (2005 est.)
Netherlands $9.408 billion (2004) 1.6% (2004)
New Caledonia NA NA
New Zealand $1.147 billion (FY03/04) 1% (FY02)
Nicaragua $32.27 million (2005 est.) 0.7% (2005 est.)
Niger $44.78 million (2005 est.) 1.4% (2005 est.)
Nigeria $737.6 million (2005 est.) 0.8% (2005 est.)
Norway $4,033,500,000 (2003) 1.9% (2003)
Oman $252.99 million (2004) 11.4% (2003)
Pakistan $4.26 billion (2005 est.) 3.9% (2005 est.)
Palau NA NA
Panama $150 million (2005 est.) 1% (2005 est.)
Papua New Guinea $16.9 million (2003) 1.4% (FY02)
Paraguay $53.1 million (2003 est.) 0.9% (2003 est.)
Peru $829.3 million (2003 est.) 1.4% (2003 est.)
Philippines $836.9 million (2005 est.) 0.9% (2005 est.)
Poland $3.5 billion (2002) 1.71% (2002)
Portugal $3,497.8 million (2003) 2.3% (2003)
Qatar $723 million (FY00) 10% (FY00)
Romania $985 million (2002) 2.47% (2002)
Russia NA NA
Rwanda $53.66 million (2005 est.) 2.9% (2005 est.)
Saint Kitts and Nevis NA NA
Saint Lucia NA NA
Saint Vincent and the
NA NA
Grenadines
Samoa NA NA
193
San Marino $700,000 (FY00/01) NA
Sao Tome and Principe $581,729 (2005 est.) 0.8% (2005 est.)
Saudi Arabia $18 billion (2002) 10% (2002)
Senegal $117.3 million (2005 est.) 1.4% (2005 est.)
Serbia and
$654 million (2002) NA
Montenegro
Seychelles $14.85 million (2005 est.) 2.1% (2005 est.)
Sierra Leone $14.25 million (2005 est.) 1.7% (2005 est.)
Singapore $4.47 billion (FY01 est.) 4.9% (FY01)
Slovakia $406 million (2002) 1.87% FY05 (2005)
Slovenia $370 million (FY00) 1.7% (FY00)
Solomon Islands NA NA
Somalia $22.34 million (2005 est.) 0.9% (2005 est.)
South Africa $3.55 billion (2005 est.) 1.5% (2005 est.)
Spain $9,906.5 million (2003) 1.2% (2003)
Sri Lanka $606.2 million (2005 est.) 2.6% (2005 est.)
Sudan $587 million (2001 est.)
3% (1999) (2004)
(2004)
Suriname $7.5 million (2003 est.) 0.7% (2003 est.)
Swaziland $41.6 million (2005 est.) 1.4% (2005 est.)
Sweden $5.51 billion (2005 est.) 1.5% (2005 est.)
Switzerland $2.548 billion (FY01) 1% (FY01)
Syria $858 million (FY00 est.);
note - based on official
5.9% (FY00)
budget data that may
understate actual spending
Taiwan $7.93 billion (2005 est.) 2.4% (2005 est.)
Tajikistan $35.4 million (FY01) 3.9% (FY01)
Tanzania $21.2 million (2005 est.) 0.2% (2005 est.)
Thailand $1.775 billion (FY00) 1.8% (2003)
Togo $29.98 million (2005 est.) 1.6% (2005 est.)
Tonga NA NA
194
Trinidad and Tobago $66.72 million (2003 est.) 0.6% (2003 est.)
Tunisia $356 million (FY99) 1.5% (FY99)
Turkey $12.155 billion (2003) 5.3% (2003)
Turkmenistan $90 million (FY99) 3.4% (FY99)
Tuvalu NA NA
Uganda $192.8 million (2005 est.) 2.2% (2005 est.)
Ukraine $617.9 million (FY02) 1.4% (FY02)
United Arab Emirates $1.6 billion (FY00) 3.1% (FY00)
United Kingdom $42,836.5 million (2003) 2.4% (2003)
United States $518.1 billion (FY04 est.) 4.06% (FY03 est.) (2005
(2005 est.) est.)
Uruguay $371.2 million (2005 est.) 2.1% (2005 est.)
Uzbekistan $200 million (FY97) 2% (FY97)
Vanuatu NA NA
Venezuela $1.61 billion (2005 est.) 1.2% (2005 est.)
Vietnam $650 million (FY98) 2.5% (FY98)
West Bank NA NA
World aggregate real expenditure on
arms worldwide in 1999
roughly 2% of gross
remained at approximately
world product (1999
the 1998 level, about three-
est.)
quarters of a trillion dollars
(1999 est.)
Yemen $992.2 million (2005 est.) 6.4% (2005 est.)
Zambia $121.7 million (2005 est.) 1.8% (2005 est.)
Zimbabwe $124.7 million (2005 est.) 4% (2005 est.)
CIA World Fact Book 16 May 2006.
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(1) 24USC(1)§6 Pension paid to fund for benefit of naval hospital was transferred to
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(2) 24USC(1)§6a Disposition of amounts deducted from pensions was transferred to
§403
(3) 24USC(1)§13 Admission of Cases for Study was transferred to §404
(4) 24USC(1)§14 Establishment of Naval hospitals was transferred to §405
(5) 24USC(1)§14a Annual appropriations for maintenance, operation, and improvement
of naval hospitals was transferred to §406
(6) 24USC(1)§15 Superintendence of Navy hospitals was transferred to §407
(7) 24USC(1)§16 Allowance of rations to Navy hospitals was transferred to §408
(8) 24USC(1)§16a Additional personnel for patients of Department of Veterans Affairs
in naval hospitals was transferred to §409
(9) 24USC(1)§17 Government of Naval Asylum was transferred to §410
(10) 24USC(1)§18 Rules and regulations for Army and Navy Hospital was transferred to
§424
(11) 24USC(1)§19 Tubercular hospital at Fort Bayard was transferred to §425
(12) 24USC(1)§20 Discipline of patients at Army and Navy Hospital was transferred to
§426
(13) 24USC(1)§30 Payments to donors of blood for persons undergoing treatment at
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(15) 24USC(1)§35 Limitation of medical, surgical or hospital services was transferred to
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(16) 24USC(1)§37 Manufacture of products by patients at naval hospitals; ownership of
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